SUPREME COURT OF QUEENSLAND
CITATION:
R v Uittenbosch [2004] QSC 439
PARTIES:
THE QUEEN
(respondent)
v
SHANE ANTHONY UITTENBOSCH
(applicant)FILE NO/S:
SC No 484 of 2002
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
10 December 2004
DELIVERED AT:
Brisbane
HEARING DATE:
24 November 2004
JUDGE:
Holmes J
ORDER:
I declare that the sentence of three years imprisonment imposed by me on Mr Uittenbosch on 29 May 2003 began on 15 June 2003.
CATCHWORDS:
CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES, SENTENCES ON ESCAPE AND COMMENCEMENT OF SENTENCE – DATE OF COMMENCEMENT – where the applicant seeks a reopening of a sentence under s 188 of the Penalties and Sentences Act 1992 – where the applicant was sentenced as an adult to a period of imprisonment cumulative on a sentence which had been imposed on him while he was a juvenile – whether the cumulative sentence should run from the date on which he was entitled to the benefit of a fixed release order under the juvenile sentence, or from the end of the entire period of detention imposed on him as a juvenile
Corrective Services Act 2000 (Qld), s 81, s 153
Juvenile Justice Act 1992 (Qld), s 188, s 189, s 211, s 270
Juvenile Justice Amendment Act 2002 (Qld), s 103
Juvenile Justice Legislation Amendment Act 1996 (Qld), s72
Penalties and Sentences Act 1992 (Qld), s 4, s 156A, s 188
Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 (Qld), Schedule 1R v Maxfield [2002] 1 Qd R 417, cited
Williams v Queensland Community Corrections Board [2001] 1 Qd R 557, citedCOUNSEL:
Mr Chowdhury for the applicant
Mr Hinson SC for the Director-General of the Department of Corrective Services
Mr Nathan for the Director of Public Prosecutions (Qld)
Mr P Hall (Solicitor) for the Director-General of the Department of CommunitiesSOLICITORS:
Legal Aid Queensland for the applicant
Crown Solicitor for the Director-General of the Department of Corrective Services
Crown Solicitor for the Director-General of the Department of Communities
Director of Public Prosecutions (Qld)
The applicant, Shane Anthony Uittenbosch, seeks the reopening of a sentence under s 188 of the Penalties and Sentences Act 1992. Mr Uittenbosch was sentenced as an adult to a period of imprisonment cumulative on a sentence which had been imposed on him while he was a juvenile. Essentially, the issue is this: whether the cumulative sentence should run from the date on which he was entitled to the benefit of a fixed release order under the juvenile sentence, or from the end of the entire period of detention imposed on him as a juvenile.
Mr Uittenbosch was born on 15 July 1980. On 20 June 1997, he was found guilty of murder. On 6 August 1997, he was sentenced, as a juvenile, to detention for 12 years. He had already served 49 days of the sentence as at that date. Section 188(2) of the Juvenile Justice Act 1992, as…
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- AGLC
- R v Uittenbosch [2004] QSC 439
- Case
- [2004] QSC 439
- Decision Date
CaseChat Overview and Summary
The court found that the applicant's sentence of imprisonment should begin from the date he was entitled to the benefit of a fixed release order under the juvenile sentence. The court held that a sentence of imprisonment imposed on an adult should run concurrently with a sentence imposed on a juvenile if the latter is still serving that sentence. In this case, the applicant had been sentenced as an adult to a period of imprisonment that was to run cumulatively on the sentence imposed on him while he was a juvenile. The court considered the applicant's entitlement to the benefit of a fixed release order under the juvenile sentence, and determined that the cumulative sentence should begin on the date the applicant was entitled to that benefit.
The final orders of the court were that the sentence of three years imprisonment imposed by the court on the applicant on 29 May 2003 began on 15 June 2003. This was the date on which the applicant was entitled to the benefit of a fixed release order under the juvenile sentence. The court declared that the sentence should run from this date, and not from the end of the entire period of detention imposed on the applicant as a juvenile.
Orders
Orders of the court
I declare that the sentence of three years imprisonment imposed by me on Mr Uittenbosch on 29 May 2003 began on 15 June 2003.
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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