Under the Penalties and Sentences Act 1992 (Qld), a probation order cannot operate concurrently with a sentence of imprisonment except as permitted by s 92(1)(b) (imprisonment of up to six months). Where an appellate court sets aside an invalid sentence combination and re-sentences, the principle in Neal v The Queen does not require a further hearing where the re-sentence does not disadvantage the offender.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
7 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.