R v McGuigan

[2004] QCA 381

COURT OF APPEAL

McPHERSON JA
JERRARD JA
WHITE J

CA No 285 of 2004

THE QUEEN

v.

JOHN JOSEPH McGUIGAN  applicant/appellant

BRISBANE

..DATE 15/10/2004

JUDGMENT

THE PRESIDENT:  This appeal was heard by a Court consisting of Justices McPherson, Jerrard and White.  The orders are:

(1)The application for an extension of time within which to apply for leave to appeal is granted.

(2)The application for leave to appeal is granted.

(3)The appeal is allowed.

(4)The sentence below is set aside and in lieu thereof a sentence of three and a half years imprisonment with a recommendation for eligibility for post-prison community-based release after serving 18 months with an absolute disqualification from obtaining a driver's licence is imposed.

(5)The order of the Court below on 19 March 2004 activating the suspended sentences to be served concurrently with the sentence imposed for dangerous driving is affirmed.

I publish the separate reasons for judgment of each member of the Court, each concurring as to the orders made.

‑‑‑‑‑