| IN THE COURT OF APPEAL | [1998] QCA 061 |
| SUPREME COURT OF QUEENSLAND |
C.A. No. 437 of 1997
Brisbane
[R. v. Hughes]
T H E Q U E E N
v.
RICHARD ALLAN HUGHES
(Applicant) Appellant Pincus J.A.
McPherson J.A.Fryberg J
Judgment delivered 17 April 1998
Joint reasons for judgment of McPherson and Pincus JJ.A.; separate reasons of
Fryberg J. dissenting in part.
1. APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE GRANTED.
2. APPEAL AGAINST SENTENCE ON ALL COUNTS ALLOWED.
3. ON EACH OF COUNTS 1, 2 AND 3 SENTENCE OF IMPRISONMENT FOR SIX MONTHS COMMENCING ON 7 NOVEMBER 1997 IS IMPOSED.
4. FURTHER ORDER THAT AFTER SERVING THAT TERM OF IMPRISONMENT THE APPLICANT BE RELEASED PURSUANT TO SECTION 92(1)(b) OF THE PENALTIES AND SENTENCES ACT 1992 UNDER SUPERVISION OF AN AUTHORISED COMMISSION OFFICER FOR A PERIOD OF 3 YEARS COMMENCING FROM THE DATE OF THIS ORDER, SUBJECT TO THE CONDITIONS IMPOSED AT SENTENCE HEARING ON 7 NOVEMBER 1997 EXCLUDING THE CONDITION REQUIRING APPLICANT TO PAY THE SUM OF $6,000 BY WAY OF COMPENSATION.
5. FURTHER ORDER THAT WITHIN 3 YEARS OF THE DATE OF THIS ORDER THE APPLICANT PAY THE SUM OF $6,000 BY WAY OF COMPENSATION TO
THE REGISTRAR OF THE DISTRICT COURT AT BRISBANE ON ACCOUNT OF
RONALD WILLIAM HUGHES.6. FURTHER ORDER THAT CONVICTIONS BE RECORDED IN RESPECT OF EACH COUNT.
CATCHWORDS: | CRIMINAL - Breaking and entering a dwelling house with intent - Stealing - Sentencing - Concurrent periods of probation and imprisonment - Section 92(1)(b) Penalties and Sentences Act 1992 - Payment of compensation. |
| R. v. Lihou, ex p. Attorney-General [1975] Qd.R. 44 R. v. Evans [1958] 3 All E.R. 673 R. v. Cheryl Emmett (1968) 53 Cr.App.R. 203 | |
| Counsel: | Mr J. Farmer for the applicant/appellant Mr T. Winn for the respondent |
| Solicitors: | Legal Aid Queensland for the applicant/appellant Director of Public Prosecutions (Queensland) for the respondent. |
| Hearing Date: | 25 February 1998 |
JOINT REASONS FOR JUDGMENT - McPHERSON & PINCUS JJ.A.
Judgment delivered 17 April 1998
The applicant pleaded guilty in the District Court in Brisbane to an indictment charging, as count 1, breaking and entering a dwelling house with intent; count 2, stealing at that place a number and variety of articles of property specified in that count; and count 3, breaking into a shed at the same place and stealing two saws and a whipper snipper. The sentence imposed on the applicant in respect of count 1, was imprisonment for 2½ years, with a recommendation for parole after 6 months; on count 2, he was admitted to probation for three years with the special condition that he pay compensation in the sum of $6,000. For the offence in count 3, he was sentenced to imprisonment for 6 months, to be served concurrently with the other sentences.
The basis of this application for leave to appeal against sentence is that the overall sentence was manifestly excessive; but it emerged in the course of hearing it that the sentencing orders now under review raise…
Continue reading R v Hughes
Sign in free to access the full text
- AGLC
- R v Hughes [1998] QCA 61
- Case
- [1998] QCA 61
- Decision Date
CaseChat Overview and Summary
The court examined whether the statutory provisions, specifically section 92(1)(b) of the Penalties and Sentences Act 1992, allowed for the imposition of concurrent sentences of probation and imprisonment. The court also considered the principles of sentencing for such offences, including the need for punishment, deterrence, and rehabilitation of the offender, as well as the need to provide restitution to the victim. In determining the appropriate sentence, the court weighed the defendant's criminal history, the circumstances of the offence, and the impact of the crime on the victim.
After considering the legal principles and the specific circumstances of the case, the court found that concurrent sentences of probation and imprisonment were permissible under the relevant legislation. The court also held that the defendant should be ordered to pay compensation to the victim for the stolen property. The court ultimately sentenced Hughes to a period of imprisonment, to be served concurrently with a period of probation, and ordered him to pay compensation to the victim.
Orders
Orders of the court
Full text does not contain this section.
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.