Bohl v McNeill

[2009] QDC 74

[2009] QDC 74

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE McGILL SC

Appeal No 2910 of 2008

MICHAEL JOSEPH BOHL	Appellant
and
ANTHONY DEAN McNEILL	Respondent
BRISBANE ..DATE 09/03/2009
ORDER

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HIS HONOUR: The appellant was convicted on a plea of guilty

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in the Magistrates Court at Richlands on 26 September 2008 for
offences of burglary and stealing and stealing. He was
sentenced to two years' imprisonment for the former offence
and 12 months' imprisonment for the latter offence, to be

served concurrently but cumulatively upon a sentence given in	10
the Maroochydore District Court on the 27th of March 2006.
It is conceded on behalf of the respondent that the head
sentence of two years be served cumulatively with the earlier
offence was manifestly excessive, and the parties have agreed	20
an appropriate substitute sentence, on the basis of which I'm content to proceed.
Accordingly in those circumstances the appeal is allowed. The
sentence imposed on the 26th of September 2008 is set aside,	30
and in lieu thereof, in respect of the burglary and stealing
offence, the appellant is sentenced to 18 months'
imprisonment; in respect of the stealing offence the appellant
is sentenced to three months' imprisonment; the sentences to
be served concurrently with each other but cumulatively on the	40
sentence imposed on the 27th of March 2006.
I declare that a period of imprisonment of 165 days from the
26th day of September 2008 to the 9th of March 2009 served
solely in relation to this offending is to be imprisonment	50

already served under the sentences imposed today and I direct
the Registrar to inform the Commission of this declaration.
I fix a parole eligibility date of the 26th of March 2009. 2 ORDER 60

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