SUPREME COURT OF QUEENSLAND
CITATION: R v B; ex parte A-G [2000] QCA 110 PARTIES: R
v
B
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S: CA No 379 of 1999
DC No 1 of 1999DIVISION: Court of Appeal PROCEEDING: Sentence Appeal by A-G (Qld) ORIGINATING COURT: District Court
DELIVERED ON: 4 April 2000 DELIVERED AT: Brisbane HEARING DATE: 14 March 2000 JUDGES: McPherson JA, Moynihan SJA, Atkinson J
Joint reasons for judgment of Moynihan SJA and Atkinson J; separate reasons of McPherson JA, concurring as to the orders madeORDER: Appeal against sentence dismissed. CATCHWORDS: CRIMINAL LAW – SENTENCE – ATTORNEY-GENERAL’S APPEAL – appeal by Attorney-General against sentence on ground that manifestly inadequate – respondent convicted of torture of his 17 year old daughter and sentenced to 7 years imprisonment and declared a serious violent offender – Court’s desire not to interfere with sentencing judge’s discretion – whether the exercise of the sentencing discretion is an integrated process rather than a series of discrete steps.
Corrective Services Act 1988 (Qld), s 166(1)
Criminal Code (Qld), s 320A
Penalties and Sentences Act 1992 (Qld), s 13, s 156A(1), s 157(2), s 161A(a), s 161B,R v Black [1948] QWN 23, considered
R v Bojovic [1999] QCA 206; CA No 4 of 1999, 8 June 1999, considered and distinguished
R v Booth [1999] QCA 100; CA No 338 of 1998, 30 March 1999, considered
R v Crossley [1999] QCA 223; CA No 477 of 1998, 18 June 1999, considered
R v Geddes; exparte A-G [1999] QCA 84; CA No 486 of 1998, 19 March 1999, considered
R v Melano; exparte A-G [1995] 2 Qd R 186, considered
R v Robinson and Stokes [1999] QCA 181; CA No 390 and No 391of 1998, 28 May 1999, consideredCOUNSEL: Mr D Bullock for the appellant
Mr B Devereaux for the respondentSOLICITORS: Director of Public Prosecutions (Qld) for the appellant
Legal Aid Queensland for the respondent
McPHERSON JA: I have read and agree with the joint reasons given by Moynihan SJA and Atkinson J for dismissing this appeal. I do, however, wish to comment on one aspect of the judgment.
Their Honours refer to the decision in R v Bojovic [1999] QCA 206 as showing that the exercise of the sentencing discretion is "an integrated process rather than a series of discrete steps". That is the effect of that decision in relation to sentencing in a matter in which a discretion arose under s 161B(3) of the Penalties and Sentences Act 1992 to make a declaration as to a serious violent offence. On that point, I took a different view of the relevant provisions in R v Collins (CA 238/ 1998; Sept 18, 1998); but I accept, as I must, that the decision in R v Bojovic decides that, to that extent at least, my view in Collins was wrong.
This means or implies, as Moynihan SJA and Atkinson J say in their reasons, that, in…
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- AGLC
- R v B; ex parte A-G [2000] QCA 110
- Case
- [2000] QCA 110
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the exercise of the sentencing discretion constituted an integrated process rather than a series of discrete steps. This question arose because the court had to balance its desire not to interfere with the sentencing judge's discretion against the need to ensure that the sentence imposed was appropriate in the circumstances. The court had to consider whether the sentence was manifestly inadequate and whether the sentencing judge had erred in the exercise of their discretion.
In delivering the judgment, the court emphasised the importance of respecting the sentencing judge's discretion. It noted that sentencing is an integrated process, and the court should not lightly interfere with the judge's decision. The court found that the sentence imposed was not manifestly inadequate and that the sentencing judge had exercised their discretion appropriately. As a result, the appeal against the sentence was dismissed.
The court did not make any further orders beyond dismissing the appeal against the sentence. The respondent's conviction and sentence remained in place, and he continued to be classified as a serious violent offender.
Orders
Orders of the court
Appeal against sentence dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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