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Sentenced to 2 years’ imprisonment suspended after 8 months for 2 years for arson; offender set fire to car for friend who planned to recover insurance money; 21yo offender, guilty pleas, no criminal history, previously excellent character, actual rehabilitation; mature co-offender who assisted had lengthy criminal and traffic histories; Crown did not contend lack of remorse, offender silent about offending, unchallenged statements of witnesses that offender remorseful (Loury QC DCJ).
Notice of Appeal Filed
File Number: CA49/20
11 Mar 2020
Application for leave to appeal against sentence filed.
Appeal Determined (QCA)
[2020] QCA 79
17 Apr 2020
Application for leave to appeal sentence granted, appeal allowed, offender resentenced; sentencing judge erred in applying parity principle by asking whether offender’s sentence should be increased to achieve parity with co-offender and in considering co-offender’s sentence where there was no parity in the circumstances; sentencing judge also erred in finding no remorse; offender resentenced by being immediately released on parole for 2 years: Sofronoff P (Morrison and McMurdo JJA agreeing).
Appeal Status
Appeal Determined (QCA)
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