R v Bafico

[1995] QCA 485

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Murder
4. › Life imprisonment
5. › Whether early recommendation for release on parole constitutes mitigation of sentence
6. › Whether sentencing court has power to recommend early parole for murder
7. › Criminal Code (Qld), s 305
8. › Penalties and Sentences Act 1992 (Qld), ss 153(1), 157(2)
9. › Corrective Services Act 1988 (Qld), ss 165, 166
1. Criminal Law
2. › Sentence
3. › Parole
4. › Recommendation for early eligibility
5. › Relationship between sentencing power and parole eligibility
6. › Whether recommendation for parole mitigates sentence
7. › Penalties and Sentences Act 1992 (Qld), s 157(2)
1. Statutes
2. › Construction
3. › Criminal Code (Qld), s 305
4. › Meaning of 'mitigated or varied'
5. › Whether phrase limited to mitigation under former s 19 or extends to any mitigation including parole recommendations
6. › Role of legislative history where provision is clear and unambiguous

Quick Take

A sentencing court has no power to recommend early release on parole for a person convicted of murder under s 305 of the Criminal Code (Qld), because such a recommendation constitutes a 'mitigation' of the life sentence which is prohibited by that section. The prohibition in the amended s 305 extends beyond the former limitation to s 19 of the Code and now covers mitigation 'under this Code or any other law'. The generality of s 157(2) of the Penalties and Sentences Act 1992 (Qld) must yield to the special provision in s 305. Unresolved questions remain about the interaction between s 305 and the Corrective Services Act provisions empowering the Community Corrections Board, and between s 305 and the Juvenile Justice Act 1992.