R v Kelly

[2001] QCA 292

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial and inquiry after conviction
3. › Application to reopen sentence
4. › Clear factual error of substance
5. › Whether refusal of parole recommendation constitutes clear factual error
6. › Whether subsequent legislative changes constitute clear factual error at time of sentence
7. › Penalties and Sentences Act 1992 (Qld), s 188(1)(c), s 188(5)(b)
1. Criminal Law
2. › Appeal and new trial and inquiry after conviction
3. › Powers of appellate court
4. › Whether Court of Appeal has power to reopen its own sentencing proceedings
5. › Whether application to reopen should be brought in original sentencing court or Court of Appeal
6. › Penalties and Sentences Act 1992 (Qld), s 188

Quick Take

A clear factual error of substance under s 188(1)(c) of the Penalties and Sentences Act 1992 (Qld) must exist at the time of the original sentencing proceeding; subsequent events such as refusal of parole based on new psychiatric evidence or legislative changes after sentencing do not qualify. The Court of Appeal has jurisdiction to hear applications to reopen its own sentencing proceedings under s 188, and such applications need not be brought in the original sentencing court.