SUPREME COURT OF QUEENSLAND
CITATION:
R v Stokes [2016] QCA 157
PARTIES:
R
v
STOKES, Joel Wade
(applicant)FILE NO/S:
CA No 226 of 2015
DC No 934 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Brisbane – Date of Sentence: 28 August 2015
DELIVERED ON:
14 June 2016
DELIVERED AT:
Brisbane
HEARING DATE:
8 March 2016
JUDGES:
Margaret McMurdo P and Gotterson JA and Bond J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Grant the application for leave to appeal.
2. Allow the appeal by varying the sentence so that the parole release date is fixed at 20 June 2016.
3. Otherwise confirm the sentence imposed at first instance.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the applicant was sentenced to two years and eight months for an offence of armed robbery in company and short concurrent terms of imprisonment for three drug offences – where the applicant had served 35 days of an unrelated six month sentence at the time of the robbery sentence – where the applicant had spent 33 days in pre-sentence custody which could not be declared as time served under the sentence – where the primary judge took these two periods of custody into consideration when framing a just head sentence but failed to take them into account when setting the parole eligibility date
COUNSEL:
The applicant appeared on his own behalf
S J Farnden for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant pleaded guilty on 28 August 2015 to armed robbery in company on 21 November 2012 and to two counts of possessing a dangerous drug and one of supplying a dangerous drug, all on 29 January 2015. He was sentenced on the armed robbery offence to two years and eight months imprisonment and on the drug offences to short concurrent terms of imprisonment. The judge fixed the parole release date at 28 August 2016, that is, after 12 months. He has applied for leave to appeal only in respect of his sentence on the armed robbery offence which he claims was manifestly excessive.
The applicant’s antecedents
The applicant was 24 at the time of the armed robbery offence; 26 at the time of the drug offences; and 27 at sentence. He had entries in his criminal history prior to the armed robbery offence for street offences, and in October 2011, was fined without conviction for drug and property offences. He had a significant subsequent criminal history. In May 2014 he was fined without conviction for drug offences. In August 2014 he was arrested for breach of bail in this matter and in September 2014 he was convicted and fined for breaching his bail. In November 2014 he was convicted and sentenced to four months…
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- AGLC
- R v Stokes [2016] QCA 157
- Case
- [2016] QCA 157
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the judge had erred in not also giving credit for the periods of custody in setting the parole eligibility date. The court noted that the primary judge had appropriately reduced the head sentence to two years and eight months to take into account the periods of custody that could not be declared as time served. However, the court found that it was logical and appropriate to also reflect this in setting the parole eligibility date. The court held that the judge had indeed erred in not setting the parole eligibility date about 10 weeks earlier.
The court granted the application for leave to appeal and allowed the appeal by varying the sentence so that the parole release date is fixed at 20 June 2016. The court otherwise confirmed the sentence imposed at first instance. This decision highlights the importance of considering all relevant factors, including periods of custody, when setting both the head sentence and the parole eligibility date in criminal sentencing.
Orders
Orders of the court
1. Grant the application for leave to appeal.
2. Allow the appeal by varying the sentence so that the parole release date is fixed at 20 June 2016.
3. Otherwise confirm the sentence imposed at first instance.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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