QLDQCA
R v Moore; ex parte A-G [2002] QCA 116
[2002] QCA 116
Court of Appeal (Qld)|2002-03-26|Before: McPherson and Williams JJA and Byrne JSeparate, reasons for judgment of each member of the court, each concurring as to the, order made.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-03-26
Before
McPherson and Williams JJA and Byrne JSeparate, reasons for judgment of each member of the court, each concurring as to the, order made.
Catchwords
- CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY
- GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS
- TO INCREASE SENTENCE -
- JUDGMENT AND PUNISHMENT- FACTORS TO BE TAKEN INTO ACCOUNT – OFFENCES
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEYGENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONSTO INCREASE SENTENCE -JUDGMENT AND PUNISHMENT- FACTORS TO BE TAKEN INTO ACCOUNT – OFFENCESCOMMITTED WHILE ON BAIL OR PAROLEAND EFFECT OF BREACH OF PAROLE – whererespondent on parole at time of committing offences – the weight to begiven tothe ‘totality principle’ - a sentencing judge must considerall sentencing options that are open in arriving at a sentencethat is‘just’.Corrective Services Act 1988 (Qld) s 187Corrective ServicesAct 2000 (Qld) s 135(2)(c), s 152(2), s 152(3), s 268ACriminal Code(Qld) s 592APenalties and Sentences Act 1992 (Qld) s 9(2), s156A(2)R v Irving [2001] QCA 472, followed.R v Keating[2002] QCA 19, distinguished.R v Matthewson [2001] QCA 4,distinguished.R v Shillingsworth [2001] QCA 172(2001) 121 A Crim R 245,considered