R v Felsman, Baker, Baker and Baker

The applicants in the case, Felsman, Baker, Baker, and Baker, were convicted of rioting and appealed against their sentences. The nature of the offence involved threats of violence, actual violence, minor injuries to one of the complainants, and property damage to a dwelling house. The applicants were aged between 17 and 49 at the time of the offence. The primary legal issue before the court was whether the custodial sentences imposed were justified, considering the circumstances of the offence and the applicants' ages and backgrounds. The court also had to determine if the sentences were manifestly excessive.

The court considered the principles of sentencing as outlined in the Criminal Code Act 1899 (Qld) and the Penalties and Sentences Act 1992 (Qld). The court acknowledged the need for deterrence but also weighed the personal circumstances of each applicant. The court cited previous cases such as R v Toby and R v McCormack & Ors to guide its decision. Ultimately, the court determined that while the sentences were not manifestly excessive, they could be reduced to better reflect the individual circumstances of the applicants. The court granted leave to appeal for some applicants and reduced the sentences accordingly.

In summary, the appeals against the sentences were partially successful. The court allowed the appeals of Felsman, Baker, and Baker, reducing their sentences from two years to six months. The appeal of Baker was dismissed. For Baker and Baker, the court ordered a 120-hour community service sentence in lieu of their initial custodial sentences. The court directed that convictions be recorded in each case.