Police v Hatten

[2011] QMC 53

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Police v Hatten [2011] QMC 53

PARTIES:

POLICE

(prosecution)

v

SEAN STEPHEN HATTEN

(defendant)

FILE NO/S:

MAG221183/10

DIVISION:

Magistrates Courts

PROCEEDING:

Sentence

ORIGINATING COURT:

Magistrates Court at Richlands

DELIVERED ON:

17 May 2011

DELIVERED AT:

Richlands

HEARING DATE:

17 May 2011

MAGISTRATE:

Stjernqvist H

ORDER:

9 months imprisonment on each charge, concurrent

CATCHWORDS:

CRIMINAL LAW – JURISDICTION – PUNISHMENT – SENTENCE – parole declarations – concurrent and cumulative sentences – indefinite sentences

COUNSEL:

A Donoghue for prosecution

S Munasinghe (solicitor) for defendant

SOLICITORS:

Prosecution on own behalf

Howden Saggers Lawyers for defendant

1. On the 17 May 2011 the defendant, Sean Stephen Hatten pleaded guilty to:

1.          Serious Assault

2.          AOBH armed offensive weapon

1. Both offences were committed whilst serving an indefinite sentence for Attempted Murder. Both offences are offences mentioned in the Schedule Penalties and Sentences Act (the Act).

1. The indefinite sentence pursuant to s 163 of the Act was imposed by the Brisbane Supreme Court on 3 October 2005 and confirmed by the QCA on 9 December 2008. The nominal[1] period or term was set and confirmed at 15 years.

   [1] S 163(2) Penalties and Sentences Act.

1. All facts surrounding both offences, and submissions from the Prosecutor and Mr Munasinghe have been taken into account. It is suffice to say the facts were brief and that neither complainant suffered any serious injury.

1. Taking these matters into account and the criminal history of the defendant, on each offence the defendant was:

Convicted and sentenced to 9 months imprisonment to be served concurrently with each other.

1. The imposing of the 9 months imprisonment is unremarkable and in line with the submissions made by the parties.

1. It is the consequent issues of parole[2] and whether or not the 9 months must[3] be ordered to be served cumulatively that require further consideration.

Parole.

[2] S 156A Penalties and Sentences Act.

[3] S 156A Penalties and Sentences Act.

S 160A Application of sections 160B to 160D

(1)       Sections 160B to 160D apply if a court is imposing a term of imprisonment on an offender for an offence.

(2)       Sections 160B to 160D are the only law under which a court may, on sentence of an offender for an offence, make an order relating to a person’s release on parole.

1. In my view s 160C applies because s 160D does not.[4]

   [4] R v. Glebow [2007] QCA 230 at para 12.

1. That is to say – the offences for which the defendant was sentenced (to terms of imprisonment) today, are not serious violent offences notwithstanding they are included in The Schedule to the Act.

1. A serious violent offence is defined in section 3 as;

... means a serious violent offence of which an offender is convicted under section 161A.

S 161A When an offender is convicted of a serious violent offence

An offender is convicted of a serious violent offence if;

(a)       the offender is—

(i)        convicted on indictment of an offence;

(A) against a provision mentioned in…