R v Daly

[2004] QCA 324

[2004] QCA 324
COURT OF APPEAL

McMURDO P
McPHERSON JA
JERRARD JA

CA No 218 of 2004

THE QUEEN
v.
MATTHEW TROY DALY  (Applicant)

BRISBANE
..DATE 03/09/2004

JUDGMENT

MR T MOYNIHAN (instructed by Legal Aid Queensland) for the applicant

MR M R BYRNE (instructed by the Director of Public Prosecutions (Queensland)) for the respondent

THE PRESIDENT:  The Court's order is as follows:  The application for leave to appeal is granted and the appeal is allowed, only to the extent of instead of the sentence imposed on count 2 of three years imprisonment with a recommendation for post-prison community-based release after 12 months is served, the sentence is three years imprisonment, suspended forthwith, with an operational period of three years.

The Court will publish its reasons later.

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