R v Mdu

[2024] QCA 113

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive or inadequate
6. › Attempted murder
7. › Whether sentence manifestly excessive where applicant desisted from attack
8. › Criminal Code (Qld), ss 306, 538
9. › Penalties and Sentences Act 1992 (Qld), s 9(10A)
1. Criminal Law
2. › Appeal and new trial
3. › Right of appeal
4. › Scope and effect of appeal
5. › Appeal against sentence
6. › Whether appeal in strict sense or by way of rehearing
7. › Standard of appellate review of findings of fact by sentencing judge
8. › Whether finding of fact was open on the evidence
1. Criminal Law
2. › Sentence
3. › Reduction of punishment for attempt
4. › Desisting of own motion
5. › Whether offender believed victim was dead before desisting
6. › Whether desisting prompted by external circumstance independent of offender's will
7. › Criminal Code (Qld), s 538

Quick Take

An offender who believes the victim is dead before desisting does not 'desist' for the purposes of s 538 of the Criminal Code (Qld), and even where s 538 applies to reduce the maximum sentence, a sentence within the reduced range may still be upheld if appropriate to the circumstances.