Comparative Sentences Archives

August 21, 2021

Case Note – Parole Delay on Sentences.

M. T. Gatenby Case Notes, Comparative Sentences, Penalties

In GSB v Commissioner of Police [2021] QDC 196, His Honour, Judge Rinaudo AM DCJ adopted the approach of Judge Cash QC in R v Eru-Guthrie [2021] QDC 174 in sentencing an offender who committed further offences while on parole. The notorious delay with the Queensland Parole Board has caused considerable difficulties for sentencing Courts. At the time of committing the offence the subject of the appeal, the Appellant was on parole for previous offending. Pursuant to s 209 of the Corrective Services Act 2006 (Qld), when he was sentenced to a term of imprisonment his parole was taken to have been cancelled. Sentencing while on Parole – The Law S 160B(2) of the Penalties […]

January 21, 2021

Attorney General successfully appeals GBH sentence .

M. T. Gatenby Comparative Sentences, Domestic Violence, Penalties Court of Appeal, GBH, Grievous Bodily Harm

On Tuesday 19 January 2021, the Queensland Court of Appeal upheld an Attorney’s Appeal against a sentence of two and half years with an immediate parole release for a 26 year old man charged with Grievous Bodily Harm. In upholding the Appeal the Court has signified that even for young offenders with limited history and good prospects of rehabilitation a deterrent sentence is called for GBH charges. Justice Boddice, with whom Justices Morrison and Henry agreed, allowed the appeal and set aside the original sentence to the extent that Mr Chitty’s parole release was effectively fixed after 8 months. Sentencing of relatively young offenders generally gives rise to the importance […]