R v Ac

[2001] QCA 56

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Discount for cooperation
4. › Undertaking to give evidence against co-offender
5. › Level of discount
6. › Whether discount should be reduced where evidence given against person implicated in offender's own offence
7. › Penalties and Sentences Act 1992 (Qld), s 13A
1. Criminal Law
2. › Sentencing
3. › Discount for cooperation
4. › Compliance with statutory requirements
5. › Whether sentencing judge must state specific sentence that would otherwise have been imposed
6. › Penalties and Sentences Act 1992 (Qld), s 13A(7)
1. Criminal Law
2. › Sentencing
3. › Home invasion
4. › Robbery with circumstances of aggravation
5. › Appropriate sentencing range
6. › Relevance of protracted duration and use of weapons
1. Criminal Law
2. › Sentencing
3. › Guilty plea
4. › Interaction with s 13A discount
5. › Whether discount for guilty plea should be reflected in head sentence or parole recommendation

Quick Take

The discount for cooperation under s 13A of the Penalties & Sentences Act 1992 (Qld) should not be reduced merely because the offender's evidence is against a person implicated in the offender's own offence rather than an unrelated offence; the public benefit and personal risk are equivalent. Section 13A(7) requires the sentencing judge to state a specific sentence that would otherwise have been imposed, not an approximate figure. Where both a s 13A discount and a guilty plea discount apply, it is generally less confusing to reflect the guilty plea in a parole recommendation rather than a further reduction of the head sentence.