› Burglary by breaking in the night with violence while armed in company
Criminal Law
› Sentence
› Non-parole period
› Deferral of parole eligibility beyond statutory mid-point
› Whether reasons required
› Whether parties entitled to be heard
› Corrective Services Act 2006 (Qld), s 184(2)
› Penalties and Sentences Act 1992 (Qld), s 160C(5)
Criminal Law
› Sentence
› Factors to be taken into account
› Parity
› Co-offenders with different criminal histories
› Whether error to impose identical sentences
Quick Take
1For premeditated home invasion at night in company including robbery and the use of weapons in an assault causing relatively minor bodily harm, the sentencing range falls between about three and five and a half years imprisonment.
2An order deferring parole eligibility beyond the statutory mid-point is exceptional and should not be made without reasons and without affording the parties an opportunity to be heard.
3Co-offenders with different criminal histories must receive differentiated sentences reflecting the parity principle.
Case Details
Citation[2008] QCA 201
Reported(2008) 186 A Crim R 240
CourtQCA
JurisdictionQueensland
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