QLDQCA
R v Tran; ex parte A-G [2002] QCA 21
[2002] QCA 21
Court of Appeal (Qld)|2002-02-12|Before: McMurdo P, Thomas JA, Douglas JJoint reasons for, judgment of McMurdo P and Douglas J, separate reasons of Thomas JA, each, concurring as to the order made.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-02-12
Before
McMurdo P, Thomas JA, Douglas JJoint reasons for, judgment of McMurdo P and Douglas J, separate reasons of Thomas JA
Catchwords
- CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
- – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY
- GENERAL OR OTHER
- CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCES
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEYGENERAL OR OTHERCROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCESAGAINST THE PERSON – where 12month intensive correction order andcompensation order imposed –where complainant consulted in thedetermination of the sentencingoutcome – where restorative justiceapproach discussed – where need to avoid risk that offenders "buy"justice discussed - whether sentence manifestly inadequate - whethersentencing discretion should be exercised afresh and custodial sentence imposedCriminal Offence Victims Act 1995 (Qld), ss 6-18JuvenileJustice Act 1992 (Qld), ss 18A-18JPenalties and Sentences Act1992 (Qld), s 111, s 114, s 126(4), s 127(1)Attorney–General (Tasmania) v Saunders [2000] TASSC 22,consideredEverett v The Queen [1994] HCA 49(1994) 181 CLR 295,consideredGriffiths v The Queen (1977) 137 CLR 293,