R v Oac

[2024] QCA 52

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. › Whether sentencing judge erred by impermissibly taking into account uncharged acts
7. › Whether serious violent offence declarations rendered sentence manifestly excessive
8. › Penalties and Sentences Act 1992 (Qld), ss 9, 159A, 161A, 161B
1. Criminal Law
2. › Sentencing
3. › Serious violent offence declarations
4. › Discretion to declare
5. › Whether mental health issues and drug-induced psychosis constituted mental abnormality reducing weight of general deterrence
6. › Whether prospects of rehabilitation precluded making of declarations
7. › Penalties and Sentences Act 1992 (Qld), ss 9(1), 9(2), 9(6)

Quick Take

Drug-induced psychosis alone is insufficient to constitute a mental abnormality reducing the weight of general deterrence in resisting serious violent offence declarations, and the passage in R v Free about rehabilitation does not establish a threshold test.

Case Details

Citation[2024] QCA 52

CourtQCA

JurisdictionQueensland

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Cited by1

2026R v BFDQCA 39

Relies on9

2023R v CaneQCA 199
2022R v CcuQCA 92
2020R v Stable (a pseudonym)QCA 270
2020R v Free; Ex parte Attorney-General (Qld)QCA 58
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