SUPREME COURT OF QUEENSLAND
CITATION: R v Maguire [2001] QCA 55 PARTIES: R
v
MAGUIRE, Jay Leslie
(applicant/appellant)FILE NO/S: CA No 240 of 2000
DC No 1986 of 2000DIVISION: Court of Appeal PROCEEDING: Sentence Application ORIGINATING COURT: District Court at Brisbane DELIVERED ON: 27 February 2001 DELIVERED AT: Brisbane HEARING DATE: 6 February 2001 JUDGES: Davies JA, Williams JA, Mackenzie J
Separate reasons for judgement of each member of the Court, each concurring as to the orders madeORDER: 1. Application for leave to appeal against sentence granted.
2. Appeal allowed to the extent of deleting the recommendation that the applicant be eligible for parole after serving 20 months and in lieu thereof insert a recommendation that he be eligible to apply for parole on 16 September 2003.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – whether sentence manifestly excessive in all the circumstances - where applicant pleaded guilty to property offences – where applicant later committed offences against property and the person whilst on parole – where applicant aged 20 with an extensive criminal history – sentencing judge imposed a sentence of five years – sentence at top of range but not excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – GENERALLY – where applicant concerned with period he would serve in custody before being eligible for parole – where recommendation by sentencing judge that he be eligible for parole after serving 20 months of first sentence – effect should be given to what the sentencing judge saw as the appropriate date for parole
Corrective Services Act 1988 (Qld), s 116(1)(d), s 185, s 190(2), s 191
Corrective Services Act 2000 (Qld) s 207B
Corrective Services Regulations 1989 (Qld), reg 28
Penalties and Sentences Act 1992 (Qld), s 156A, s 157Booth (1999) 105 A Crim R 288, applied
Burton (1995) 83 A Crim R 453, considered
Cutajar (1995) 85 A Crim R 280, considered
Doyle [1996] 1 Qd R 407, considered
McCormick: ex parte Attorney General, [1999] QCA 354; (CA 205 of 1999, 27 August 1999), consideredCOUNSEL: The appellant appeared on his own behalf
B G Campbell for the respondentSOLICITORS: The appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
DAVIES JA: I agree with the orders proposed by Williams JA and with his reasons.
WILLIAMS JA: The applicant, Jay Leslie Maguire, seeks leave to appeal against a sentence imposed on 24 August 2000. The only ground taken is that the "sentence is manifestly excessive in all the circumstances". It became clear from submissions made by the applicant, who appeared on his own behalf, that his primary concern was the period he…
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- AGLC
- R v Maguire [2001] QCA 55
- Case
- [2001] QCA 55
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed by the sentencing judge was manifestly excessive in all the circumstances. The court had to consider the appellant's extensive criminal history, the nature and circumstances of the current offences, and the appellant's conduct while on parole. The appellant argued that the sentence should be reduced, particularly in relation to the period he would serve in custody before being eligible for parole.
The court acknowledged the appellant's extensive criminal history but found that the sentence imposed was not manifestly excessive. The court also considered the recommendation by the sentencing judge that the appellant be eligible for parole after serving 20 months of the sentence. The court deleted this recommendation and instead inserted a recommendation that the appellant be eligible to apply for parole on 16 September 2003, aligning with the sentencing judge's intended timeframe.
The court granted the application for leave to appeal against the sentence and allowed the appeal to the extent of modifying the parole eligibility recommendation. This modification aimed to reflect the sentencing judge's original intention regarding the appropriate date for parole eligibility.
Orders
Orders of the court
1. Application for leave to appeal against sentence granted.
2. Appeal allowed to the extent of deleting the recommendation that the applicant be eligible for parole after serving 20 months and in lieu thereof insert a recommendation that he be eligible to apply for parole on 16 September 2003.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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