R v T; ex parte

Case

[2000] QCA 282

21 July 2000


Details
AGLC Case Decision Date
R v T; ex parte [2000] QCA 282 [2000] QCA 282 21 July 2000

CaseChat Overview and Summary

The case of R v T; ex parte involved the Attorney-General, who sought to appeal against the sentence imposed on the respondent, T, by the Supreme Court of Victoria. The respondent had been convicted of maintaining an unlawful sexual relationship, and despite voluntarily presenting to the police, was sentenced to 12 months imprisonment to be served by an intensive correction order. The Attorney-General argued that this sentence was manifestly inadequate and that a term of actual imprisonment was usually required. The respondent had already served three months of the intensive correction order.

The legal issues before the court were whether the sentence of 12 months imprisonment to be served by an intensive correction order was manifestly inadequate and whether the actual term of imprisonment was usually required. The court was required to consider the principles of sentencing and the circumstances of the case in determining whether the sentence was manifestly inadequate.

The court found that the sentence was not manifestly inadequate and dismissed the appeal. The court considered the principles of sentencing and the fact that the respondent had voluntarily presented to the police and pleaded guilty. The court also noted that the respondent had already served three months of the intensive correction order. The court found that the sentence was appropriate in the circumstances and dismissed the appeal. The respondent was ordered to continue to serve the balance of the intensive correction order.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

  • Breach of Trust

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Most Recent Citation
R v Butler [2006] QCA 223

Cases Citing This Decision

8

R v Butler [2006] QCA 223
R v SAR [2005] QCA 426
R v Dam [2005] QCA 364
Cases Cited

7

Statutory Material Cited

0

R v CAQ [1999] QCA 197
R v F [1998] QCA 131