R v Moy

[2024] QCA 4

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. › Factual error at first instance
6. › Re-sentencing by appellate court
7. › Whether different sentence should be passed
8. › Corrective Services Act 2006 (Qld), s 184(2)
9. › Penalties and Sentences Act 1992 (Qld), sch 1
1. Criminal Law
2. › Sentencing
3. › Serious violent offence regime
4. › Head sentence reduced below 10 years to avoid automatic SVO declaration
5. › Pre-sentence custody taken into account rather than declared as time served
6. › Whether additional reduction of parole eligibility date constitutes double recognition of guilty plea
7. › Penalties and Sentences Act 1992 (Qld), Pt 9A
1. Criminal Law
2. › Sentencing
3. › Manslaughter
4. › Offence of drunken rage
5. › Vulnerable victim
6. › Guilty plea of significant utilitarian value
7. › Appropriate head sentence and parole eligibility

Quick Take

Where a head sentence is reduced below 10 years to avoid the automatic SVO regime by taking pre-sentence custody into account, the Court may regard this as sufficient recognition of mitigating factors without additionally bringing forward the parole eligibility date.

Case Details

Citation[2024] QCA 4

CourtQCA

JurisdictionQueensland

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Relies on9

2023R v Granz-GlennQCA 157
2022R v SmithQCA 89
2017R v CallowQCA 304
2015R v SkondinQCA 138
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