R v DeSalvo

[2002] QCA 63

[2002] QCA 63

COURT OF APPEAL

McPHERSON JA
WILLIAMS JA
BYRNE J

CA No 284 of 2001

THE QUEEN

v.

DEREK ALBERT DESALVO                (Applicant/Appellant)

BRISBANE

..DATE 15/03/2002

JUDGMENT

THE PRESIDENT:  This appeal was heard by Judges of Appeal McPherson and Williams and Justice Byrne.  The order is the application for leave to appeal is granted, the appeal is allowed and the sentence set aside.

The applicant is sentenced to imprisonment for nine years with a declaration that the presentence custody period of 430 days be regarded as time served under that sentence.  I publish the separate reasons for Judgment of each member of the Court, Judges of Appeal McPherson and Williams concurring as to the orders made, Justice Byrne dissenting.

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