R v Dempsey and Perks; ex parte A-G

[1999] QCA 520

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Appeal by Attorney-General to increase sentence
5. › Assault occasioning bodily harm
6. › Whether sentences inadequate
7. › Whether custodial sentences should have been imposed
8. › Penalties and Sentences Act 1992 (Qld), s 9
1. Criminal Law
2. › Sentencing
3. › Aggravating factors
4. › Racial motivation
5. › Standard of proof for disputed aggravating factors
6. › Whether sentencing judge required to find racial motivation beyond reasonable doubt
1. Criminal Law
2. › Sentencing
3. › Youthful offenders
4. › First offenders
5. › Relevance of youth and lack of prior convictions after 1997 amendments
6. › Intensive correction orders
7. › Penalties and Sentences Act 1992 (Qld), s 9

Quick Take

The Morrison standard requiring proof beyond reasonable doubt of disputed aggravating factors applies to allegations of racial motivation at sentencing. Youth and lack of prior criminal history remain factors of considerable relevance in sentencing for assault occasioning bodily harm even after the 1997 amendments to s 9 of the Penalties and Sentences Act 1992 (Qld), and intensive correction orders remain within the permissible range for youthful first offenders convicted of assault occasioning bodily harm while armed and in company where injuries are not serious.