R v Quinn

[1999] QCA 500

99.500

COURT OF APPEAL
de JERSEY CJ
McMURDO P

THOMAS JA

CA No 302 of 1999
THE QUEEN
v.

STEVEN RAYMOND QUINN Applicant

BRISBANE
..DATE 01/12/99
011299 T17/FLC4 M/T COA295/99
THE CHIEF JUSTICE: The applicant a 25-year-old man with a
substantial relevant criminal history was sentenced on his
plea of guilty to four years imprisonment for attempted
armed robbery in company and additionally for breaking and
entering a dwelling with intent and stealing. He committed
the offences on 5 February 1999. He seeks leave to appeal.

He broke into a house and stole an air rifle, he shortened it, then he with another man entered the house of a 75 year old woman and terrorised her with the weapon. He had hoped to steal rent money.

The complainant was in considerable fear. Especially in view of his extensive record and notwithstanding his disadvantaged background and pleas of guilty he was in my view appropriately sentenced to four years imprisonment for what was a serious offence. When he was sentenced the applicant was serving terms of imprisonment imposed in March and April 1999. On this occasion he was sentenced on 30 July 1999. As pointed out by counsel for the respondent the applicant has overall been sentenced effectively, for a number of offences committed in January and February 1999, to four years and five months, those offences being one of armed robbery in company, four of housebreaking, five of stealing and one of the unlawful possession of a motor vehicle. On any reasonable view he has been treated reasonably.

The learned Judge failed however to make a recommendation with respect to parole, which was necessary. The applicant 011299 T17/FLC4 M/T COA295/99

should therefore be allowed to the extent of setting a new
parole date. The correct parole date we are informed is
20 April 2001. I would allow the application and the appeal
to be extended confirming the sentences imposed in the
District Court but adding a recommendation that the
applicant first be considered eligible for parole as at 20

April 2001.

THE PRESIDENT: I agree.

THOMAS JA: I agree.

THE CHIEF JUSTICE: And that is the order.

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