R v Marshall

[1997] QCA 20

IN THE COURT OF APPEAL	[1997] QCA 020
SUPREME COURT OF QUEENSLAND

C.A. No. 474 of 1996

Brisbane

[R. v. Marshall]

THE QUEEN

v.

GLEN JOSEPH MARSHALL

Applicant

Fitzgerald P.
McPherson J.A.

Fryberg J.

Judgment delivered 4 February 1997
Orders made 7 February 1997

1.         THE APPLICATION FOR LEAVE TO APPEAL IS ALLOWED.

2.         THE APPEALS IN RESPECT OF THE SENTENCES ON THE FIRST AND

THIRD COUNTS ARE ALLOWED.

3.         THE SENTENCE ON COUNT ONE IS SET ASIDE AND THE APPLICANT SENTENCED TO A TERM OF IMPRISONMENT OF FOUR YEARS; ON COUNT THREE THE APPLICANT IS SENTENCED TO A TERM OF IMPRISONMENT OF 18 MONTHS; THE SENTENCE ON COUNT TWO WILL NOT BE DISTURBED; ALL SENTENCES TO BE SERVED CONCURRENTLY.

4.         THE TRIAL JUDGE’S DECLARATION THAT THE SENTENCES ARE TO BE EFFECTIVE FROM 27 SEPTEMBER 1996 WILL STAND, AS WILL THE RECOMMENDATION FOR ELIGIBILITY FOR PAROLE AFTER THE APPLICANT HAS SERVED 18 MONTHS OF THE SENTENCE.

Counsel:	Mrs K. McGinness for the applicant. Mr D Meredith for the respondent.
Solicitors:	Legal Aid Office for the applicant. Queensland Director of Public Prosecutions for the respondent.
Hearing Date:	4 February 1997

ORDERS OF THE COURT

Delivered 7 February 1997

This matter was heard on 4 February 1997. The orders resulting from that hearing are as follows:

1.         The application for leave to appeal is allowed.

2.         The appeals in respect of the sentences on the first and third counts are allowed.

3.         The sentence on count one is set aside and the applicant sentenced to a term of imprisonment of four years; on count three the applicant is sentenced to a term of imprisonment of 18 months; the sentence on count two will not be disturbed; all sentences to be served concurrently.

4.         The trial judge’s declaration that the sentences are to be effective from 27 September 1996 will stand, as will the recommendation for eligibility for parole after the applicant has served 18 months of the sentence.