R v Russell

[2004] QCA 315

SUPREME COURT OF QUEENSLAND

CITATION:	R v Russell [2004] QCA 315
PARTIES:	R v RUSSELL, Glenn Terrance (applicant)
FILE NO/S:	CA No 114 of 2004 DC No 519 of 2003 DC No 71 of 2004 DC No 149 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	District Court at Beenleigh
DELIVERED EX TEMPORE ON:	31 August 2004
DELIVERED AT:	Brisbane
HEARING DATE:	31 August 2004
JUDGES:	McPherson JA, Jerrard JA and Holmes J Separate reasons for judgment of each member of the court, each concurring as to the order made
ORDER:	Application for leave to appeal against sentence dismissed
CATCHWORDS:	CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where the applicant pleaded guilty to numerous offences including one count of burglary, seven counts of unlawfully using a motor vehicle and four counts of dangerous operation of a motor vehicle – where the applicant was sentenced to four years imprisonment for the burglary and lesser sentences of imprisonment for the other offences – where a recommendation was made for eligibility for post-prison community based release after 18 months – whether the sentence was manifestly excessive given that the applicant had little chance of getting parole
COUNSEL:	The appellant appeared on his own behalf M J Copley for the respondent
SOLICITORS:	The appellant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent

HOLMES J:  I concur with the learned sentencing Judge in thinking that it would not be a good thing for the applicant to be released straight into the community without supervision after the length of this sentence, and it is important that the parole recommendation was made by his Honour with the knowledge of the applicant's criminal history in New South Wales and Queensland. No doubt the Parole Board will have regard to what was said in The Queen v. Maxfield at (2002)
1 Queensland Reports 417 in the majority judgment as to how parole recommendations ought to be treated.  Those are the only comments I wish to make.

McPHERSON JA:  Well, I agree with what's been said.

JERRARD JA:  I'd agree with those too.  What that means is that the Parole Board should take some notice of what the Judge recommended.

...

McPHERSON JA:  The application for leave to appeal is dismissed.

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