R v Squires

SUPREME COURT OF QUEENSLAND

CITATION:

R v Squires [2017] QCA 10

PARTIES:

R
v
SQUIRES, Dean David
(applicant/appellant)

FILE NO/S:

CA No 188 of 2016
SC No 772 of 2014
SC No 921 of 2015
SC No 664 of 2016
SC No 682 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application – Further Order

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 24 June 2016.

DELIVERED ON:

10 February 2017

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Margaret McMurdo P and Fraser JA and Ann Lyons J
Judgment of the Court

ORDER:

The Parole Eligibility Date is fixed at 4 July 2017.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – OTHER MATTERS – where in R v Squires [2016] QCA 348 the parties were ordered to make submissions as to the appropriate parole eligibility date for the applicant – where submissions were received – whether the Court should order a parole eligibility date in terms of the submissions

Corrective Services Act 2006 (Qld), s 185

R v Squires[2016] QCA 348, related

COUNSEL:

K Prskalo for the applicant/appellant
D Nardone for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent

THE COURT: On 28 November 2016 the applicant’s application for leave to appeal against sentence in this matter was heard. On 23 December 2016 the following orders were made:[1]
1.Application for leave to appeal against sentence granted.
2.Appeal against sentence allowed.
3.Sentence varied by ordering that the term of imprisonment imposed on Count 1 of Indictment 921 of 2015 be reduced to 12 months and be served cumulatively upon the terms of imprisonment imposed on Indictment 772 of 2014.
4.The sentence and orders imposed at first instance are otherwise confirmed.
5.The parties are to make submissions as to the appropriate parole date in accordance with these reasons and orders by 4.00 pm on 3 February 2017.
[1]R v Squires [2016] QCA 348.
A joint submission from both counsel was received on that date.
The following proposals emerge applying the rules as set out in s 185 of the Corrective Services Act 2006:
a.Applying Rule 1, the notional parole date for the total period of four years imprisonment is 14 September 2016.
b.Applying Rule 2, in relation to the cumulative term of imprisonment of 12 months on Count 1 on Indictment Number 921 of 2015, 80 per cent of the term of imprisonment must be served, which equates to 292 days.
c.Applying Rule 3, the additional eligibility period ends on 3 July 2017.
The joint submission is that the Parole Eligibility Date is 4 July 2017.
Having considered that joint submission and the provisions of the Corrective Services Act 2006, there should be a further order in terms of the joint submission.

Order
1.The Parole Eligibility Date is fixed at 4 July 2017.

In the case of R v Squires, the applicant appealed against his sentence, specifically the determination of his parole eligibility date. The matter was heard in the Queensland Court of Appeal. The applicant had previously been convicted and sentenced to a term of imprisonment, and the original determination of his parole eligibility date was a matter of contention in this appeal. The key issue before the Court was whether it should adopt the parole eligibility date proposed by the parties in their respective submissions.

The Court considered the submissions made by both the applicant and the respondent in relation to the appropriate parole eligibility date. It examined the legal principles and relevant authorities that guide the setting of such dates, including the objective of ensuring public safety while also taking into account the principles of proportionality and rehabilitation. The Court acknowledged the importance of providing clarity and certainty regarding parole eligibility, as this impacts both the applicant’s prospects for release and the public’s sense of justice.

After reviewing the submissions and relevant legal principles, the Court determined that the proposed parole eligibility date of 4 July 2017 was appropriate. The Court found that this date balanced the need for public safety with the principles of sentencing and rehabilitation. Consequently, the Court ordered that the parole eligibility date for the applicant be fixed at 4 July 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	R v Squires [2017] QCA 10
PARTIES:	R v SQUIRES, Dean David (applicant/appellant)
FILE NO/S:	CA No 188 of 2016 SC No 772 of 2014 SC No 921 of 2015 SC No 664 of 2016 SC No 682 of 2016
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application – Further Order
ORIGINATING COURT:	Supreme Court at Brisbane – Date of Sentence: 24 June 2016.
DELIVERED ON:	10 February 2017
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Margaret McMurdo P and Fraser JA and Ann Lyons J Judgment of the Court
ORDER:	The Parole Eligibility Date is fixed at 4 July 2017.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – OTHER MATTERS – where in R v Squires [2016] QCA 348 the parties were ordered to make submissions as to the appropriate parole eligibility date for the applicant – where submissions were received – whether the Court should order a parole eligibility date in terms of the submissions Corrective Services Act 2006 (Qld), s 185 R v Squires[2016] QCA 348, related
COUNSEL:	K Prskalo for the applicant/appellant D Nardone for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant/appellant Director of Public Prosecutions (Queensland) for the respondent