R v Houkamau

The applicant, Houkamau, appealed against his sentence following a guilty plea to charges of robbery in company with violence and causing grievous bodily harm. The Supreme Court of Queensland was tasked with reviewing the sentence imposed by the lower court. The primary legal issue before the court was whether the sentencing judge erred in not adjusting the head sentence to account for the period of pre-sentence custody that exceeded the amount that could be declared under the Penalties and Sentences Act 1992 (Qld). The court also needed to determine if the sentencing exercise miscarried due to this alleged error.

The court held that the sentencing judge indeed erred by not adjusting the head sentence to account for the full period of pre-sentence custody. The sentencing judge had only accounted for 45 days of the nine and a half months of pre-sentence custody, despite the remaining time being eligible for declaration under s 159A of the Penalties and Sentences Act 1992 (Qld). This oversight led the court to conclude that the exercise of sentencing discretion miscarried. Consequently, the appeal was allowed, and the sentence was varied. The court imposed a term of four years and four months in lieu of the five-year term for count 2. The new parole eligibility date was set for 21 July 2017, after the applicant had served approximately 20 months in total. Additionally, 45 days were declared as time already served under the sentence in accordance with s 159A of the Penalties and Sentences Act 1992 (Qld).