R v Richardson (No 2)

[2010] QCA 278

SUPREME COURT OF QUEENSLAND

CITATION:

R v Richardson (No 2) [2010] QCA 278

PARTIES:

R
v
RICHARDSON, Jamie Kenneth
(applicant)

FILE NO/S:

CA No 287 of 2009
CA No 79 of 2010
DC No 2001 of 2009
DC No 2067 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application – Further Order

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

15 October 2010

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Fraser and White JJA and Mullins J
Judgment of the Court

ORDERS:

Grant the application to amend the orders made 20 August 2010.1.         

Vary order 4.a. made on 20 August 2010 as follows:2.         

“4.      The appellant is sentenced to:

a.        six years and four months imprisonment for the armed robbery in company committed on 20 September 2007”.

Add a further order:3.         

“5.        The appellant’s parole eligibility date is 30 July 2012”.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – POWERS OF COURT ON APPEAL – OTHER MATTERS – where sentences imposed by the Court of Appeal did not have intended effect in practical application – where these sentences would result in the applicant serving a much longer sentence – where applicant applied to have the sentences varied to reflect the intention of this Court – whether this Court should vary the orders as submitted

Penalties and Sentences Act 1992 (Qld), s 154(1)(a)

L Shaddock & Associates Pty Ltd v Parramatta City Council [No 2] (1983) 151 CLR 590; [1982] HCA 59, cited
R v Allen [1994] 1 Qd R 526, cited
R v Colombo [1995] QCA 083, cited
R v Dillon; ex parte A-G (Qld)[2006] QCA 521, cited
R v Richardson[2010] QCA 216, related
R v Riddell [1997] QCA 005, cited

COUNSEL:

M J Woodford for the applicant
M J Copley SC for the respondent

SOLICITORS:

Family Law Doyle Keyworth & Harris for the applicant
Director of Public Prosecutions (Queensland) for the respondent

[1]      THE COURT:  On 20 August 2010 the Court granted leave to appeal against the sentences imposed on the applicant in the District Court, allowed his appeal, and set aside those sentences and imposed fresh sentences as follows:[1]

[1]R v Richardson [2010] QCA 216.

·    a term of imprisonment of eight years for armed robbery in company committed on 20 September 2007 – (the Post Office robbery);

·    a term of imprisonment of seven years for armed robbery committed on 31 December 2007 – (the Newsagency robbery); and

·    shorter sentences for associated lesser offences.

All terms were ordered to be served concurrently.

[2]      Solicitor, Mr Gordon Harris of Family Law Doyle Keyworth & Harris received documentation from the Department of Corrective Services setting out the Department’s interpretation of those sentences to the following effect:

·    The seven year sentence for the Newsagency robbery commenced on 31 July 2008, the date that the applicant was originally sentenced by Judge Clare.

·    The eight year sentence for the Post…