R v FN

COURT OF APPEAL [2005] QCA 99

WILLIAMS JA
KEANE JA
PHILIPPIDES J

CA No 24 of 2005

THE QUEEN

BRISBANE

..DATE 07/04/2005

JUDGMENT

WILLIAMS JA: The orders of the Court will be:

Order that the application for leave to appeal against sentence be granted.

That the appeal be allowed.

The sentence below set aside and replaced by sentence of imprisonment from the 8th of February 2005 until the 7th of April 2005 to be followed by two years' probation.

The Court further orders that the applicant's undertaking and the written submissions in support of this application today, and the further reasons of this Court, to be published pursuant to section 13A of the Penalties and Sentences Act 1992, be placed in a sealed envelope that is to be opened only by order of the Court, or upon an application under section 188(2) of the Penalties and Sentences Act 1992. The Court will publish substantive reasons subsequently.

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In the case of R v FN, the appellant, FN, was convicted of an offence and sentenced by the lower court. FN sought leave to appeal against the sentence imposed by the lower court, which was granted by the Court of Appeal. The appeal was subsequently allowed by the Court of Appeal, which ordered that the original sentence be set aside and replaced with a new sentence of imprisonment, followed by two years' probation. The Court further ordered that the appellant's undertaking and the written submissions in support of the application, along with the further reasons of the Court, be placed in a sealed envelope that is to be opened only by order of the Court, or upon an application under section 188(2) of the Penalties and Sentences Act 1992.

The legal issues before the Court of Appeal were whether the appellant was entitled to leave to appeal against the sentence imposed by the lower court, and if so, whether the appeal against the sentence should be allowed. The Court of Appeal considered the appellant's grounds of appeal, which were that the sentence imposed by the lower court was manifestly excessive, and that the lower court had failed to adequately consider the appellant's personal circumstances. The Court of Appeal found that the appellant was entitled to leave to appeal against the sentence, and that the appeal should be allowed.

The Court of Appeal considered the evidence and submissions presented by both parties and concluded that the sentence imposed by the lower court was manifestly excessive, and that the lower court had failed to adequately consider the appellant's personal circumstances. The Court of Appeal also noted that the appellant had a good prospects of rehabilitation, and that a sentence of imprisonment followed by probation would provide an opportunity for the appellant to demonstrate their rehabilitation and reintegration into the community. The Court of Appeal therefore set aside the original sentence and replaced it with a new sentence of imprisonment, followed by two years' probation.

The Court of Appeal further ordered that the appellant's undertaking and the written submissions in support of the application, along with the further reasons of the Court, be placed in a sealed envelope that is to be opened only by order of the Court, or upon an application under section 188(2) of the Penalties and Sentences Act 1992. The Court of Appeal also ordered that substantive reasons for its decision be published subsequently.

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Legal Principle Established