R v Irving

The applicant, Irving, appealed against his sentence of nine years’ imprisonment, imposed following his conviction for armed robbery. The Court of Appeal heard the appeal and was required to decide whether the sentence was manifestly excessive. Additionally, the Court considered the relevance of section 161C of the Penalties and Sentences Act 1992 (Qld) in the context of the applicant’s sentence. The Court held that the sentence was not manifestly excessive, and the appeal against sentence was dismissed. The Court also found that section 161C of the Penalties and Sentences Act 1992 (Qld) had no relevant application to the applicant’s sentence. The Court declared that section 161C of the Penalties and Sentences Act 1992 (Qld) has no relevance to any sentence or sentences of imprisonment that the applicant is now serving or liable to serve.