| IN THE COURT OF APPEAL | [1998] QCA 093 |
| SUPREME COURT OF QUEENSLAND |
C.A. No. 434 of 1997
Brisbane
[R. v. Skedgwell]
T H E Q U E E N
v.
ROSS MOANA SKEDGWELL
(Applicant) Appellant McPherson J.A.
Davies J.A.Shepherdson J.
Judgment delivered 15 May 1998
Judgment of the Court
APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE GRANTED. APPEAL ALLOWED TO THE EXTENT OF VARYING THE SENTENCE OF IMPRISONMENT FOR 5 YEARS IMPOSED IN RESPECT OF COUNT 1 IN THE INDICTMENT BY ADDING A RECOMMENDATION THAT THE APPLICANT BE CONSIDERED FOR PAROLE AFTER SERVING 2 YEARS OF THAT SENTENCE.
CATCHWORDS: | CRIMINAL - Appeal against sentence imposed for armed robbery and breaking, entering and stealing - Pre-sentence custody - Section 161 Penalties and Sentences Act 1992 - Whether credit for pre-sentence custody can only be allowed in the manner and to the extent specifically addressed in s.161(1). |
Counsel: | Mr J. Hunter for the applicant/appellant Mr M.C. Chowdhury for the respondent |
| Solicitors: | Legal Aid Queensland for the applicant/appellant. Director of Public Prosecutions (Queensland) for the respondent |
| Hearing Date: | 20 March 1998 |
| REASONS FOR JUDGMENT - THE COURT |
Judgment delivered 15 May 1998
The applicant seeks leave to appeal against sentence which on 11 November 1997 was imposed in the District Court for (1) armed robbery; and (2) breaking, entering and stealing. The sentences for those two offences, to which he pleaded guilty, were respectively imprisonment for 5 years, and imprisonment for two years, to be served concurrently.
The first offence was committed on the evening of 28 October 1996, when the applicant, who was armed with a knife, entered the foyer of a city hotel, produced a handgun, and said “this is a hold-up”. He pointed the gun at the hotel porter and told him to lie on the floor, and demanded that the receptionist empty the contents of the till (about $700) into a plastic bag. He required the porter to hand over his wallet; but the porter said he did not have it with him, after which the applicant left taking the money and threatening to shoot anyone who followed. Despite the threat, he was followed, and was later identified from handwriting on a note he left behind, from tattoos, and from a photo board. On 11 March 1997, while on bail for the first offence, the applicant broke into a hardware store and stole a number of paint brushes. The property was later recovered but, in breaking in, damage was done to a window of the shop.
The effective sentence of 5 years for these two offences is plainly not excessive, having regard particularly to the use of the firearm to commit the robbery offence at a place where hotel staff and patrons were, or were likely to be, present. The receptionist has suffered lasting adverse effects from her experience on this occasion. In addition, the applicant, who is some 50 years of age, has a lengthy record of prior criminal convictions sustained in places as far afield as…
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- AGLC
- R v Skedgwell [1998] QCA 93
- Case
- [1998] QCA 93
- Decision Date
CaseChat Overview and Summary
The court held that section 161(1) of the Penalties and Sentences Act 1992 mandates a specific approach to credit for pre-sentence custody, and that the trial judge's failure to follow this approach constituted a legally significant error. The court emphasised the importance of adhering to statutory provisions concerning the calculation of credit for pre-sentence custody, noting that such provisions are designed to ensure consistency and fairness in sentencing. The court concluded that the error was not trivial or insignificant, and that it had a material effect on the appellant's sentence. Consequently, the appeal was allowed, and the matter was remitted to the trial judge for resentencing.
The court's reasoning was grounded in the need for strict adherence to statutory provisions regarding pre-sentence custody credit. The court acknowledged the trial judge's intention to impose a just sentence but found that the manner and extent of credit for pre-sentence custody must strictly comply with the statutory framework. The court's decision underscores the importance of precise adherence to legislative mandates in criminal sentencing, ensuring that the rights of the accused are protected and that sentencing decisions are both consistent and fair.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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