R v Morgan and Attorney-General of Queensland

[1996] QCA 394

COURT OF APPEAL

[1996] QCA 394

MOYNIHAN J
MACKENZIE J

CULLINANE J

CA No 517 of 1995
THE QUEEN
v.

BRUCE WAYNE STEPHEN MORGAN	Respondent
ATTORNEY-GENERAL OF QUEENSLAND	Applicant

BRISBANE
..DATE 04/10/96
041096 T6/JB M/T COA242/96
MACKENZIE J: In my opinion the following orders should be made.
The Attorney-General's appeal is allowed.

The order made in the District Court, Southport, in so far as it relates to the total suspension of the three year term forthwith with an operative period of four years, be deleted. It is recommended that the respondent be considered for release on parole after a period of 12 months.

I would also order that a warrant to apprehend the respondent be issued, such warrant to lie in the Registry for an appropriate period after which time it should be released for execution.

MOYNIHAN J: I agree.

CULLINANE J: I agree.

MOYNIHAN J: What do you want to do about the warrant?
MRS RICHARDS: Your Honour, I would ask for 10 days simply because Mr Morgan lives in New South Wales and we can only contact him through his sister, so we will have to write to his sister and ask her to get him to contact us. We have only got a PO box number.
MOYNIHAN J: What do you say, Mrs Clare?
mrs CLARE: I have no submission on that.
MACKENZIE J: How long did you ask for?
MRS RICHARDS: 10 days - the 14th.

MACKENZIE J: Ten days, so Tuesday, the 14th. I would propose an order that the warrant lie in the Registry until 4 p.m. on 14 October 1996 after which time it should be released for execution.

041096 T6/JB M/T COA242/96

MOYNIHAN J: The order will be as indicated by Justice

Mackenzie.

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