R v Anderson

[2010] QCA 158

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Sentencing orders
4. › Non-parole period or minimum term
5. › Parole release date
6. › Whether sentencing court must give reasons for fixing parole release date significantly past halfway point
7. › Penalties and Sentences Act 1992 (Qld), s 160B
1. Criminal Law
2. › Sentence
3. › Suspended sentence
4. › Breach of suspended sentence
5. › Invocation of suspended term
6. › Whether unjust to require service of whole suspended sentence
7. › Penalties and Sentences Act 1992 (Qld), s 147
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Miscarriage of sentencing discretion
5. › Failure to give reasons for parole release date

Quick Take

A sentencing court that fixes a parole release date significantly past the halfway point of the head sentence must articulate good reasons for doing so; failure to do so constitutes a miscarriage of the sentencing discretion. The decision under s 147 regarding invocation of a suspended sentence and the fixing of a parole date is a single exercise of discretionary judgment, not two separate exercises.