SUPREME COURT OF QUEENSLAND
CITATION:
R v Chong; ex parte A-G (Qld) [2008] QCA 22
PARTIES:
R
v
CHONG, Doramie Grace
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 250 of 2007
DC No 132 of 2006
DC No 145 of 2007
DC No 176 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
District Court at Mornington Island
DELIVERED ON:
22 February 2008
DELIVERED AT:
Brisbane
HEARING DATE:
15 February 2008
JUDGES:
Keane and Fraser JJA and Atkinson, J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The appeal against sentence is dismissed
CATCHWORDS:
CRIMINAL LAW - APPEAL AGAINST SENTENCE- APPEAL BY ATTORNEY GENERAL OR OTHER CROWN LAW OFFICER - APPLICATION TO INCREASE SENTENCE - where Attorney-General appealed against sentence - where respondent was convicted on one count of unlawful wounding and one count of breach of an intensive correction order - where the respondent was sentenced for the unlawful wounding conviction to two and a half years imprisonment with court ordered parole to apply immediately - where for the breach of the intensive correction order the respondent was re-sentenced for the original offences to 15 months probation to be served concurrently with the earlier sentence - whether the sentence imposed for the offence of unlawful wounding, both before or after the re-opening, was manifestly inadequate
SENTENCE-FACTORS TO BE TAKEN INTO ACCOUNT-ABORIGINAL OFFENDERS- where exceptional circumstances include the respondent being an Aboriginal mother from a remote community who would no longer be able to breastfeed her youngest child if imprisoned - whether a person convicted of unlawful wounding must spend time in custody-where hardship caused to an offender's children by imprisonment may be taken into account in sentencing in exceptional circumstances
Crimes Act 1914 (Cth), s 16A(2)(p)
Penalties and Sentences Act 1992 (Qld), s 9(2)(p), s 188(1)(c)Arnold v Trenerry (1997) 118 NTR 1, cited
R v Bell & Anor [1994] QCA 220, considered
R v Boyle (1987) 34 A Crim R 202, cited
R v D'Arrigo; ex parte A-G (Qld) [2004] QCA 399, considered
R v Edwards (1996) 90 A Crim R 510, cited
R v Friday [2005] QCA 440, considered
R v Le [1996] 2 Qd R 516; [1995] QCA 479, applied
R v MP [2004] QCA 170, considered
R v Shev [2005] QCA 278, considered
R v McDonald [2003] QCA 439, considered
R v Shillingsworth [2002] 1 Qd R 527; [2001] QCA 172, cited
R v Tilley (1991) 53 A Crim R 1, considered
R v Stewart (1994) 72 A Crim R 17, appliedCOUNSEL:
M J Copley for the appellant
A W Moynihan SC with J Benjamin for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent
KEANE JA: I agree with the reasons given by Atkinson J and with the order proposed by her Honour.
FRASER JA: I agree…
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- Case
- [2008] QCA 22
- Decision Date
CaseChat Overview and Summary
The court held that the sentence for unlawful wounding was not manifestly inadequate, having regard to the need to ensure that a person convicted of that offence must spend time in custody. The court considered that the hardship caused to the offender's children by imprisonment could be taken into account in sentencing in exceptional circumstances, but held that this was not such a case. The court dismissed the appeal against sentence.
No further orders were made.
Orders
Orders of the court
The appeal against sentence is dismissed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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