R v McMillan

[2004] QCA 427

COURT OF APPEAL

McPHERSON JA
JERRARD JA
FRYBERG J

CA No 278 of 2004

THE QUEEN

v.

JESSE JOHN McMILLAN  Applicant    

BRISBANE

..DATE 08/11/2004

ORDER

MR J R HUNTER (instructed by Legal Aid Queensland) for the applicant

MR M J COPLEY (instructed by the Director of Public Prosecutions (Queensland)) In the Right of Queensland

MR P G HUYGENS (instructed by the Commonwealth Director of Public Prosecutions) In the Right of the Commonwealth

McPHERSON JA:  Gentlemen, what we propose to do is to order that the effective sentence of five years imposed on the State offences be suspended after the applicant has served two and a-half years of that effective sentence including, of course, periods of presentence custody and that the sentences imposed on the Commonwealth offences begin on the date of that suspension of the State sentence to which I have referred.

Will you - and I am referring primarily to you, Mr Hunter, and you, Mr Huygens - please draft an order with all the necessary flourishes to give effect to the order we propose to make in accordance with the indictment and the legislation?  Is that sufficiently clear?

MR HUNTER:  Yes.

McPHERSON JA:  All right.  Thank you, gentlemen, for your assistance.

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