R v T

[1994] QCA 326

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Juvenile offenders
4. › Pre-sentence reports
5. › Whether pre-sentence report must be written or may be oral
6. › Whether detention order valid without compliance with mandatory pre-sentence report requirement
7. › Juvenile Justice Act 1992 (Qld), s 164
1. Criminal Law
2. › Appeal and new trial
3. › Powers of Court of Appeal
4. › Remittal to court below for re-sentencing
5. › Whether Court of Appeal can remit criminal case to District Court
6. › Criminal Code (Qld), s 671B
7. › Supreme Court Rules, O 70 rr 11, 12, 25

Quick Take

A pre-sentence report under s 164 of the Juvenile Justice Act 1992 (Qld) must be in writing; oral evidence at a sentencing hearing does not satisfy the requirement. A detention order made without compliance with s 164 is void for want of power. The Court of Appeal has power to remit a criminal case to the District Court for re-sentencing where a sentence is quashed.