Section 33(4) of the Bail Act 1980 (Qld) requires mandatory cumulation of imprisonment for failure to surrender into custody in accordance with a bail undertaking upon any other term of imprisonment imposed at the same time. Where a sentencing judge fails to give effect to this requirement, the sentencing discretion must be exercised afresh on appeal. A sentence of five years for armed robbery in company with wounding of a bus driver by a 17-18 year old first offender who pleaded guilty is within range. The sentencing range for armed robbery of this kind is six to eight years before mitigating factors.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.