R v Herbert

[2013] QCA 62

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parole eligibility date
4. › Cumulative sentences
5. › Offences committed while on parole
6. › Whether fixing parole eligibility date beyond midpoint of total imprisonment period rendered sentence manifestly excessive
7. › Penalties and Sentences Act 1992 (Qld), ss 160C, 160F, 160G
8. › Corrective Services Act 2006 (Qld), ss 184, 209
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive
6. › Whether sentencing judge erred in exercise of discretion in fixing parole eligibility date

Quick Take

The R v Kitson approach requiring 'good reason' for fixing a parole eligibility date beyond the midpoint of the total term of imprisonment does not apply where the total period comprises an existing term and a new cumulative term imposed for offences committed while on parole. The power under s 160C of the Penalties and Sentences Act 1992 (Qld) to fix a parole eligibility date is unqualified, and the commission of offences while on parole is a conventional and proper basis for fixing parole eligibility beyond the midpoint.