Commonwealth Director of Public Prosecutions v CCQ

[2022] QCA 128

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Pre-sentence custody
4. › Declaration of time already served
5. › Inadvertent omission from resentencing orders on appeal
6. › Penalties and Sentences Act 1992 (Qld), s 159A
7. › Crimes Act 1914 (Cth), s 19AB(1)
1. Practice and Procedure
2. › Judgments and orders
3. › Slip rule
4. › Inherent jurisdiction to vary orders
5. › Correction of accidental omission

Quick Take

When a court on resentence inadvertently omits a declaration of pre-sentence custody that was included in the original sentence, the court may exercise its inherent slip rule jurisdiction to amend the orders. Pre-sentence custody declarations under s 159A of the Penalties and Sentences Act 1992 (Qld) must be carried forward on resentence.

Case Details

Citation[2022] QCA 128

CourtQCA

JurisdictionQueensland

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Relies on2

2021Commonwealth Director of Public Prosecutions v CCQQCA 4
2010R v Richardson (No 2)QCA 278

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