UPDATE 40
MARCH 2014
QUEENSLAND
SENTENCING MANUAL
Robertson
Highlights

New and updated commentary by Judge Robertson

Updated Index

Updated Tables
Material Code 30173567
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NEW AND UPDATED COMMENTARY
Judge Robertson has inserted the following new and updated
commentary:

6. Maximum Penalties
[6.10]
The maximum penalties for the Criminal Code Act 1899 and the Drugs
Misuse Act 1986 have been updated.

10. Factors Personal to Offender
[10.350] Co-operation a mitigating factor
This updated paragraph now includes R v KAK [2013] QCA 310, which
summarises the relevant principles in the sentencing process of an
offender’s co-operation with authorities.

15. Sentencing Options – General
[15.550] Effect of imprisonment on parol
This updated paragraph now includes R v Smith [2013] QCA 397, where
Morrison JA reviewed the interaction of various provisions of the
Corrective Services Act 2006 in relevance to a case in which the
applicant was sentenced for a number of offences. Whilst on parole for
earlier offences.
[15.1170] Meaning of particularly heineous offence
This updated paragraph now includes R v WAY; Ex parte AttorneyGeneral (Qld) [2003] QCA 398, where the court was considering an
appeal by the Attorney against a four year detention order with release
after two years imposed on a previously unconvicted 16 year old who
attempted to murder a 14 year old school girl.

16. Particular Offences
[16.64] Actual loss and reparation
This updated paragraph now includes R v de Figueiredo [2013] QCA
303, where Muir JA quoted with approval and observation of the Court in
R v Fox; Ex Parte Director of Public Procescutions (Cth) [2011] QCA
350.
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[16.430] Relevant factors
This updated paragraph now includes R v HBI [2013] QCA 369, where
in refusing an application to appeal against a sentence imposed for
assisting his brother in law to dispose of the deceased’s body, the Court
refered to the maximum penalty of time imprisonment.
[16.450] Sentencing range
This updated paragraph now references R v Glenbar [2013] QCA 353,
concerning dangerous driving.
[16.1400] Commercial motivation relevant
This updated paragraph now includes R v KAK [2013] QCA 310, where
there is some useful discussion about sentencing ranges imposed when
children (particularly those of the offender) are procured for prostitution.

17. Miscellaneous Matters
[17.330] Dangerous Prisoner (Sexual Offences) Act 2003 (Qld)
This new paragraph discusses s 9(7B) of the Penalties and Sentences Act
1992.

18. Appeals Against Sentence
[18.120] Applications for extension of time/principles
This updated paragraph now includes R v Turnbull [2013] QCA 154, as an
unusual example of where despite the applicant being ubable to show any good
reason for a delay of over 10 years, the severity of the sentences imposed in
2002 when compared with the other comparable cases, was such as to require
leave in the interest of justice.
[18.134] Where charge is bad at law
This updated paragraph now includes R v WAV [2013] QCA 345, where the
applicant in an appeal against sentence had pleaded guilty to an offence
pleaded in accordance with the relevant form but nonetheless omitting an
essential element of the offence.
UPDATED INDEX
The Supplementary Index has been consolidated into the Index.
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UPDATED TABLES
The Supplementary Table of Cases and the Supplemantary Table of
Statutes have been updated.
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