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

[2021] QCA 153

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. › Appeal by Attorney-General
5. › Sentence manifestly inadequate
6. › Whether suspension after thirteen months of four and a half year sentence manifestly inadequate
7. › Child sexual offences
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Appeal by Attorney-General
5. › Principles governing Crown sentence appeals
6. › Whether Crown appeals should be rare and brought only to establish principle
7. › Whether prosecution estopped from challenging sentencing course raised by prosecution at first instance
1. Criminal Law
2. › Sentencing
3. › Suspension of sentence
4. › Whether mathematical approach to fixing period before suspension impermissible

Quick Take

Where the prosecution raises the prospect of suspension of a sentence at first instance, it will not be permitted to challenge that course for the first time on appeal. Crown sentence appeals remain confined to cases establishing matters of principle, and manifest inadequacy requires demonstration of a misapplication of principle, not merely a markedly different result.