R v Mitchell [1998] QCA 31
[1998] QCA 31
At a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
1998-02-13
Before
Davies JA, Pincus JA, Byrne J
Source
Original judgment source is linked above.
Judgment (2 paragraphs)
The application for leave to appeal against sentence relates to only one matter and that is whether, in fact, Part 9A of the Penalties and Sentences Act 1992 applies to the offences committed here. This Court decided in The Queen v. Mason and Saunders (CA Nos. 355 of 1997 and 357 of 1997, 28 November 1997) this point in the applicant's favour and the point has been conceded by the respondent.
I would therefore also conclude, in this case, that Part 9A does not apply to the offences here committed before its commencement, other than section 161C2(b), which applies to earlier sentences, and I would therefore grant each of the applications and allow each appeal against sentence only to the extent of setting aside, in each case, the declaration that the offences to which I have referred earlier were serious violent offences.