R v Gbu

[2025] QCA 196

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. › Specific error
6. › Sentencing for manslaughter based on diminished responsibility
7. › Drug-induced psychosis
8. › Whether sentencing judge erred in not treating psychosis as mitigating
9. › Whether general deterrence relevant where mental abnormality was drug-induced
10. › Criminal Code (Qld), s 304A
11. › Penalties and Sentences Act 1992 (Qld), s 9(9A), s 9(10A)
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive or inadequate
6. › Manslaughter
7. › Domestic violence offence
8. › Diminished responsibility
9. › Whether sentence of 12 years' imprisonment manifestly excessive
10. › Penalties and Sentences Act 1992 (Qld), s 9(10A)
1. Criminal Law
2. › Sentencing
3. › Relevance of mental illness to sentencing
4. › Drug-induced psychosis
5. › General deterrence
6. › Whether general deterrence should be moderated or eliminated where mental abnormality is drug-induced
7. › Verdins principles
8. › Criminal Code (Qld), s 304A

Quick Take

A drug-induced psychosis giving rise to diminished responsibility does not necessarily moderate general deterrence as a sentencing consideration; where the mental abnormality was caused by the offender's own sustained illicit drug use, the sentencing judge retains discretion to treat the case as an appropriate vehicle for general deterrence.

Case Details

Citation[2025] QCA 196

CourtQCA

JurisdictionQueensland

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