QLDQCA
R v Parker [2002] QCA 403
[2002] QCA 403
Court of Appeal (Qld)|2002-10-04|Before: Williams and Jerrard JJA and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-10-04
Before
Williams and Jerrard JJA and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made
Catchwords
- CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT
- AND PUNISHMENT – SENTENCE – CONCURRENT, CUMULATIVE
- AND ADDITIONAL
- SENTENCES, SENTENCES ON ESCAPE AND COMMENCEMENT OF SENTENCE – where
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENTAND PUNISHMENT – SENTENCE – CONCURRENT, CUMULATIVEAND ADDITIONALSENTENCES, SENTENCES ON ESCAPE AND COMMENCEMENT OF SENTENCE – whereapplicant was sentenced to 12 months imprisonmentto be served cumulatively onthe expiration of his existing sentence – operation of s 152 of theCorrective Services Act 2000 (Qld) – where s 152(2)(a) was appliedto the applicant when sentenced thereby setting his release date for hisexistingsentence at 25 October 2002 – where Queensland CommunityCorrections Board later applied s 152(2)(c) of the Act to the applicanttherebyextending his release date to 14 April 2003 – where s 152(2)(c) was thecorrect provision which should have been appliedby the learned sentencing judge– where the learned sentencing judge was provided with incorrectinformation which did notaccurately reflect the applicant’s situation– where s 152(2)(c) applied to the applicant the moment he pleaded guilty