SUPREME COURT OF QUEENSLAND
CITATION:
R v Hood [2005] QCA 159
PARTIES:
R
v
HOOD, Dean Christopher
(applicant/appellant)FILE NO/S:
CA No 38 of 2005
DC No 146 of 2004DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Toowoomba
DELIVERED ON:
13 May 2005
DELIVERED AT:
Brisbane
HEARING DATE:
12 April 2005
JUDGES:
McPherson and Jerrard JJA and Helman J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Leave to appeal against sentence granted
2. Appeal allowed
3. Sentence imposed for burglary on count 1 varied by deleting the recommendation that the applicant be eligible to apply for a post-prison community based release order after serving nine months, and order instead that that sentence be suspended after nine months
4. Sentence imposed on count 2 for unlawful assault occasioning bodily harm be set aside and order instead pursuant to s 92(1)(b)(ii) that the applicant be sentenced to a term of imprisonment for nine months and that at the end of that term be released under the supervision of an authorised Corrective Services officer for a period of two years, it being a term of that order that the applicant undergo and complete as directed a cognitive skills program, an anger management program, and a re-offenders’ program
5. Sentences imposed on counts 4, 6, and 7 for unlawful assault and deprivation of liberty be set aside and in lieu thereof sentences of nine months imprisonment be imposedCATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – applicant pleaded guilty to burglary with actual violence, assault occasioning bodily harm, assault and deprivation of liberty offences – sentence of 27 months imprisonment imposed with a recommendation for post-prison community based release after nine months – whether the sentence should have been suspended after nine months instead of the recommendation
PROCEDURE – COURTS AND JUDGES GENERALLY – PRECEDENTS – PRECEDENTS GENERALLY – REVIEW BY COURT OF OWN DECISIONS – applicant sought a sentence suspension after nine months followed by an intensive correction order for an 18 month period – s 112 Penalties and Sentences Act 1992 (Qld) prohibits this order – recommendation for parole eligibility could not be given effect for administrative reasons – concern that applicant would be required to remain in prison well past the recommended parole date to complete rehabilitation programs – previous Court of Appeal decision held that suspended sentences cannot be ordered concurrently with probation orders for the same or other offences – whether that decision should be reversed
Corrective Services Act 2000 (Qld), s 141, Sch 3
Penalties and Sentences Act 1992 (Qld), s 92, s 112Queensland v The Commonwealth (1977) 139 CLR 585, applied
R v A and S; ex parte A-G [1999] QCA 503; [2001] 2 Qd R 62, considered
R v Arana [2000] QCA 184; CA No…
Continue reading R v Hood
Sign in free to access the full text
- AGLC
- R v Hood [2005] QCA 159
- Case
- [2005] QCA 159
- Decision Date
CaseChat Overview and Summary
The legal issues in the appeal centred on whether the sentence should have been suspended after nine months instead of the recommendation, and whether the previous Court of Appeal decision that suspended sentences cannot be ordered concurrently with probation orders for the same or other offences should be reversed. The Court of Appeal considered the arguments presented by both parties and examined the relevant statutory provisions and precedents. The Court of Appeal granted leave to appeal against the sentence and allowed the appeal. The sentence imposed for burglary on count 1 was varied by deleting the recommendation that the applicant be eligible to apply for a post-prison community based release order after serving nine months, and instead, the sentence was suspended after nine months. The sentence imposed on count 2 for unlawful assault occasioning bodily harm was set aside and replaced with a sentence of nine months imprisonment, with release under the supervision of an authorised Corrective Services officer for a period of two years, subject to the completion of specified programs. The sentences imposed on counts 4, 6, and 7 for unlawful assault and deprivation of liberty were also set aside and replaced with sentences of nine months imprisonment.
Orders
Orders of the court
1. Leave to appeal against sentence granted
2. Appeal allowed
3. Sentence imposed for burglary on count 1 varied by deleting the recommendation that the applicant be eligible to apply for a post-prison community based release order after serving nine months, and order instead that that sentence be suspended after nine months
4. Sentence imposed on count 2 for unlawful assault occasioning bodily harm be set aside and order instead pursuant to s 92(1)(b)(ii) that the applicant be sentenced to a term of imprisonment for nine months and that at the end of that term be released under the supervision of an authorised Corrective Services officer for a period of two years, it being a term of that order that the applicant undergo and complete as directed a cognitive skills program, an anger management program, and a re-offenders’ program
5. Sentences imposed on counts 4, 6, and 7 for unlawful assault and deprivation of liberty be set aside and in lieu thereof sentences of nine months imprisonment be imposed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.