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

[2020] QCA 72

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Appeals by Crown
5. › Duty of prosecution to make submissions to sentencing judge
6. › Whether prosecution may advance on appeal submission not made below
7. › Whether exceptional circumstances required
1. Criminal Law
2. › Sentencing
3. › Factors in mitigation
4. › Remorse
5. › Whether genuine remorse evidence of reduced risk of reoffending
6. › Effect on community protection as sentencing factor
1. Criminal Law
2. › Sentencing
3. › Sexual offences against children
4. › Rape and indecent treatment of child under 12
5. › Suspension of sentence versus parole eligibility
6. › Whether sentence manifestly inadequate
7. › Penalties and Sentences Act 1992 (Qld), s 9
1. Criminal Law
2. › Sentencing
3. › Discount for disclosure of offence unknown to police
4. › AB v The Queen (1999) 198 CLR 111
5. › Whether discount may influence global sentence structure

Quick Take

Where the prosecution does not submit to the sentencing judge that suspension of a sentence is beyond the scope of sentencing discretion, the prosecution will not be permitted to advance that submission on appeal absent exceptional circumstances. Genuine remorse is evidence from which a reduced risk of reoffending may be inferred, thereby reducing the weight of community protection as a sentencing factor. The reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (Qld) may be taken into account in assessing whether additional post-release supervision is necessary.