R v Ireland; Ex parte Attorney-General (Qld)

[2019] QCA 58

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Crown appeal
5. › Manifest inadequacy
6. › Concurrent sentence for assault occasioning bodily harm committed in same sequence of events as manslaughter
7. › Whether concurrent sentence with extended parole eligibility date involved misapplication of sentencing principles
1. Criminal Law
2. › Sentencing
3. › Concurrent and cumulative sentences
4. › Offence committed before but sentenced after earlier offence
5. › Principle of determining appropriate sentence had offences been dealt with together
6. › Whether sentencing judge properly applied totality principle

Quick Take

A sentencing judge may properly apply the totality principle by imposing a concurrent sentence with an adjusted parole eligibility date, rather than a cumulative sentence, where an offence committed before but sentenced after a related offence would not have attracted actual imprisonment if considered in isolation. The actual period of additional custody served under such an order should be consistent with the discount for a guilty plea.