R v Mayall

[2008] QCA 202

SUPREME COURT OF QUEENSLAND

CITATION: 

R v Mayall [2008] QCA 202

PARTIES: 

R
v
MAYALL, Luke William
(applicant/appellant)

FILE NO/S: 

CA No 103 of 2008
DC No 90 of 2008

DIVISION: 

Court of Appeal

PROCEEDING: 

Sentence Application

ORIGINATING 
COURT: 

District Court at Cairns

DELIVERED ON: 

25 July 2008

DELIVERED AT: 

Brisbane

HEARING DATE: 

21 July 2008

JUDGES: 

Muir and Fraser JJA and Lyons J
Separate reasons for judgment of each member of the Court,
each concurring as to the orders made

ORDERS: 

1. Application for leave to appeal against sentence granted;

2. Appeal allowed;

3.	Set aside the order that the applicant/appellant be released on parole on the 23rd April 2009 and instead order that the applicant/appellant be released on parole on 29 July 2008;
4.	In all other respects confirm the sentence imposed in the District Court.

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 GRANTED – GENERALLY – where the applicant was convicted on his plea of guilty on one count of entering a dwelling with intent to commit an indictable offence with the circumstances of aggravation that he threatened to use actual violence, pretended to be armed with a dangerous weapon, and damaged property (count 1), one count of unlawful deprivation of liberty (count 2), and one count of robbery, with the circumstance of aggravation that he pretended to be armed with a dangerous weapon (count 3) – where the applicant was sentenced to two years imprisonment on counts 1 and 2 and to three years imprisonment on count 3 – where the applicant was 19 years old at the time of the offence and 20 years old when sentenced – where 12 months elapsed after the commission of the offences and the applicant’s apprehension – where the applicant fled to New Zealand after committing the offence – where the applicant committed the offence in order to obtain funds to travel to New Zealand – where the applicant spent 174 days in pre-sentence custody in circumstances where only 12 of those days were able to be declared as time served under the sentence imposed – where as a consequence of the order made by the learned sentencing judge the overall effect of the sentence was that the applicant was to serve a total of nearly 18 months in custody of the sentence of three years imprisonment before being released on parole for a further period of 18 months – whether in the circumstances the sentence was manifestly excessive

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FIRST OFFENDERS – where the applicant’s conviction was his first criminal offence – where the applicant had considerable mitigating factors in his favour – where the applicant was immature for his age – where the applicant made a detailed confession and co-operated with the authorities – where the applicant had…