R v Wilson

[2023] QCA 132

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Obligation to fix parole eligibility date
5. › Whether offender had 'current parole eligibility date'
6. › Whether parole eligibility date survives release on parole and suspension
7. › Penalties and Sentences Act 1992 (Qld), ss 160, 160C(2), 160E(2)(b)(ii)
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple offences sentenced cumulatively on existing period of imprisonment
5. › Whether grouping of offences into four cumulative categories inflated sentence
6. › Whether sufficient recognition given to totality
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Specific error in sentencing
5. › Re-sentencing by appellate court
6. › Independent exercise of sentencing discretion

Quick Take

A parole eligibility date remains a 'current parole eligibility date' within s 160 of the Penalties and Sentences Act 1992 (Qld) even where the prisoner has been released on parole and that parole has been suspended and the prisoner returned to custody. Sentencing judges must fix a new parole eligibility date under s 160C(2) in such circumstances. Dividing offences into multiple cumulative groups has an inherent tendency to inflate the effective sentence and must be carefully moderated by totality considerations.