Where a parole eligibility order cannot take effect because the offender lacks a Queensland address, the Court of Appeal may admit fresh evidence of that fact and re-sentence by suspending the sentence, even though the original sentence was not manifestly excessive. The power to admit evidence on sentence appeals is at least as wide as on conviction appeals and extends to evidence that is not 'fresh' in the Ratten sense, provided it causes the court to form the opinion that some other sentence should have been passed under s 668E(3) of the Criminal Code 1899 (Qld).
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
3 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.