R v Herberts

The case of R v Herberts involved the defendant, Herberts, who had been sentenced to a suspended sentence of imprisonment following a conviction. The initial sentence was for a term of 2 years and 6 months, to be suspended after serving 105 days, with an operational period of three years. Herberts subsequently breached the conditions of his suspended sentence by committing further offences. The legal issue before the court was whether the provisions of s 160B(2) of the Penalties and Sentences Act 1992 (Qld), which requires the court to fix a parole eligibility date rather than a parole release date for an offender whose court-ordered parole order has been cancelled, would apply in the circumstances where Herberts was ordered to serve part or all of the suspended term of imprisonment.

The court determined that Herberts had indeed breached the suspended sentence as a result of his further convictions. In addressing the application of s 160B(2), the court concluded that the provision did not apply to the situation where the defendant was ordered to serve part or all of the suspended term of imprisonment. Consequently, the court found that Herberts was to serve the entire suspended imprisonment term. The court fixed the day of the hearing, 2 June 2023, as the date Herberts would be released on parole. This decision ensured that Herberts would be eligible for parole on that date, in accordance with the relevant sentencing provisions.