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  • Unreported Judgment

R v Kestle

 

[1979] CCA 79

IN THE COURT OF CRIMINAL APPEAL

C.A. No. 167 of 1979

BEFORE:

Mr. Justice D.M. Campbell

Mr. Justice Hoare

Mr. Justice Kneipp

BRISBANE, 12 OCTOBER 1979

(Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter, Court Reporting Bureau.)

-------

THE QUEEN

v.

JULIEANNE KESTLE

THE HONOURABLE THE MINISTER FOR JUSTICE AND ATTORNEY-GENERAL OF QUEENSLAND

(Appellant)

JUDGMENT

MR. JUSTICE CAMPBELL: This is an Attorney-General's appeal under section 669A of the Criminal Code on the ground that the sentence imposed in this case was insufficient and inadequate in the circumstances. The respondent pleaded guilty in the Supreme Court on 29 May 1979 to two charges of manslaughter of a child and doing grievous bodily harm to another of her infant children.

When the appeal came on before us, Mr. Vasta for the Crown asked for leave to amend the notice of appeal by deleting the ground and substituting the ground, namely, that the order made by His Honour the Chief Justice that the respondent be admitted to probation after serving six months of the three-year sentence imposed was invalid, Mr. Healy waived any right that he may have to object to the amendment and consented to dispensing with notice of the amendment.

An order purporting to place a person on probation after serving a period of imprisonment is part of a sentence imposed and this court has an unfettered jurisdiction to vary the sentence as it seems proper.

It would appear to us that the Chief Justice has used the word “probation” in passing sentence by a slip and that what he really intended to do was to recommend that the respondent be admitted to parole after serving six months of the three-year sentence. I would therefore vary the sentence by deleting the order in respect of probation and order that the respondent be considered for parole at the end of six months from the commencement of the sentence.

MR. JUSTICE HOARE: I agree.

MR. JUSTICE KNEIPP: I agree.

MR. JUSTICE CAMPBELL: The order will be as I have indicated.

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Editorial Notes

  • Published Case Name:

    The Queen v Julieanne Kestle

  • Shortened Case Name:

    R v Kestle

  • MNC:

    [1979] CCA 79

  • Court:

    QCCA

  • Judge(s):

    D M Campbell J, Hoare J, Kneipp J

  • Date:

    12 Oct 1979

Litigation History

No Litigation History

Appeal Status

No Status