R v Demmery

[2005] QCA 447

[2005] QCA 447

COURT OF APPEAL

WILLIAMS JA
JERRARD JA
CHESTERMAN J

CA No 196 of 2005

THE QUEEN

v.

PAUL DOUGLAS DEMMERY  Appellant

BRISBANE

..DATE 02/12/2005

JUDGMENT

MR P J DAVIS (instructed by Ryan and Bosscher) for the appellant

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

WILLIAMS JA:  The Court is of the view that the orders in this matter should be:

(1)   grant leave to appeal;

(2)   allow the appeal;

(3)set aside the sentence imposed and, in lieu thereof, order that the appellant be imprisoned for 12 months but order that such sentence be suspended after serving 25 days with an operational period of 12 months.

The Court further declares that the 25 days spent in custody between the 22nd of July 2005 and the 15th of August 2005 be time served pursuant to this sentence.

The Court will publish substantive reasons subsequently.

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