R v Lam

[2006] QCA 560

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Suspended sentences
4. › Activation of suspended sentence
5. › Whether suspended sentence may be activated for offence committed during extended operational period
6. › Penalties and Sentences Act 1992 (Qld), s 147
1. Criminal Law
2. › Sentencing
3. › Assault occasioning bodily harm in company
4. › Gratuitous street violence
5. › Sentencing range
6. › Whether head sentence of two years imprisonment manifestly excessive
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Manifestly excessive sentence
5. › Resentencing on appeal
6. › Exercise of sentencing discretion afresh where error identified

Quick Take

A suspended sentence cannot be activated for offences committed during an extended operational period, following R v Muller. For gratuitous street violence involving assault occasioning bodily harm in company, a head sentence of two years imprisonment with parole at 12 months is within the appropriate range, particularly where the offender has a significant criminal history and the offending involved repeated cowardly acts against a stranger.