R v George; ex parte A-G (Qld)

[2004] QCA 450

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Appeal by Attorney-General to increase sentence
5. › Manslaughter
6. › Whether sentence manifestly inadequate
7. › Relevance of gratuitous violence against defenceless victim
8. › Relevance of prior criminal history for violence
1. Criminal Law
2. › Sentencing
3. › Manslaughter
4. › One-punch killing
5. › Serious violent offence declaration
6. › Whether declaration warranted where single blow and no weapon used

Quick Take

For manslaughter involving a fatal punch delivered gratuitously to a defenceless, injured victim in the presence of police, where the offender has a relevant criminal history of violence, a sentence of eight years with early parole eligibility is manifestly inadequate; nine years without early parole recommendation is the minimum appropriate sentence. However, a serious violent offence declaration is not necessarily warranted where a single blow and no weapon were involved.