SUPREME COURT OF QUEENSLAND
CITATION: R v Skinner; ex parte A-G [1999] QCA 521 PARTIES: R
v
SKINNER, Noel Keith
(Respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(Appellant)FILE NO/S: CA No 307 of 1999
DC No 96 of 1999DIVISION: Court of Appeal PROCEEDING: Appeal against sentence by Attorney-General ORIGINATING COURT: District Court at Rockhampton
DELIVERED ON: 17 December 1999 DELIVERED AT: Brisbane HEARING DATE: 3 December 1999 JUDGES: de Jersey CJ, Davies and Pincus JJA ORDER: Appeal against sentence dismissed CATCHWORDS: CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES, SENTENCES ON ESCAPE AND COMMENCEMENT OF SENTENCE – POWER TO IMPOSE – POWER TO IMPOSE SECOND CUMULATIVE SENTENCE – sentence appeal by Attorney-General – respondent convicted of assault occasioning bodily harm – sentenced to intensive correction order – also sentenced to serve previously suspended sentence – whether intensive correction order could be imposed cumulatively upon an activated suspended sentence – whether sentenced to two or more terms of imprisonment "at the same time" – whether intensive correction order is a sentence to a term of imprisonnment.
Corrective Services Act 1988, s 122, s 187(2)(d)
Penalties and Sentences Act 1992, s 112, s 113, s 118, s 146, s 147
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – TOTALITY – whether 12 month intensive correction order inadequate to meet the needs of general and specific deterrence – reference to respondent's criminal history – sentence imposed cumulatively upon earlier suspended sentence – whether totality of punishment manifestly inadequate for totality of criminal conduct
COUNSEL: Mrs L J Clare for appellant
Mr J M McLennan for respondentSOLICITORS: Director of Public Prosecutions (Queensland) for appellant
Legal Aid Queensland for respondent
THE COURT: The respondent pleaded guilty in the District Court at Gladstone on 20 May last on two counts of assault occasioning bodily harm. On 13 August he was sentenced to a 12 month intensive correction order for those offences. However the learned sentencing judge also ordered him to serve the whole of a previously suspended sentence of two years imprisonment and imposed the intensive correction order cumulatively upon the suspended sentence. A term of three months, the suspended part of a six months sentence imposed in 1987 for possession of a dangerous drug, was ordered to be served concurrently with the two year period. His Honour also made several other orders. However this appeal, which is by the Attorney-General, is against the 12 months intensive correction order.
The respondent is 31 years of age having been born on 26 December 1967. He has a prior criminal history dating from 1986 but that is mostly for offences relating to his dependence on drugs. He has served two periods of imprisonment, each of three months; both were for drug related offences, the one in 1987 already referred to, and one in 1997. His most serious prior conviction, and the one…
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- Case
- [1999] QCA 521
- Decision Date
CaseChat Overview and Summary
The court examined the relevant statutory provisions and case law to address the legal issues. It held that the intensive correction order was indeed a form of imprisonment and that the respondent was sentenced to two terms of imprisonment concurrently. The court found that the intensive correction order could be imposed cumulatively upon the activated suspended sentence. The court concluded that the sentence imposed was not unlawful and dismissed the appeal by the Attorney-General.
The reasoning of the court was based on the interpretation of the applicable statutes and the relevant case law. The court found that the sentencing judge had correctly exercised their discretion under the law. The appeal was dismissed, and the sentence imposed on the respondent was upheld. This decision clarified the application of cumulative sentences in cases where an intensive correction order is imposed alongside an activated suspended sentence.
Orders
Orders of the court
Appeal against sentence dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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