R v Benecke

[2024] QCA 86

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

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. › Cumulative sentence
7. › Parole eligibility date fixed at full-time expiry of existing sentence
8. › Whether manifestly excessive
9. › Penalties and Sentences Act 1992 (Qld), ss 159A, 160F
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Fresh evidence and events occurring after sentence
6. › Pre-sentence custody certificate
7. › Whether sentencing judge led into error by allegedly incorrect information
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Cumulative sentences
5. › Offender serving existing sentence
6. › Whether totality principle adequately applied when fixing parole eligibility date
1. Criminal Law
2. › Sentencing
3. › Parole eligibility
4. › Offender who breached parole by further offending
5. › Ordinary expectation of serving remainder of existing sentence
6. › Unfettered discretion to fix parole eligibility date
7. › Corrective Services Act 2006 (Qld), s 209(1)

Quick Take

The 2020 amendment to s 159A of the Penalties and Sentences Act 1992 (Qld) does not fetter the sentencing judge's discretion to fix parole eligibility dates, and fixing parole eligibility at the full-time expiry of an existing sentence is not manifestly excessive where the offender committed offences while unlawfully at large.

Case Details

Citation[2024] QCA 86

CourtQCA

JurisdictionQueensland

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Relies on4

2020R v WBKQCA 60
2000Dinsdale v RHCA 54
1988Mill v RHCA 70
1936House v RHCA 40

Create free account

Already have an account? Sign in