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Date of order to serve whole of 3.5y balance of suspended term with immediate PED; offender sentenced to 4.5y suspended after 1y for 5y for commercial possession concurrent with 3y with PRD after 1y for supply; subsequent fail to appear, obstruct police and property offences; offender spent 16m on parole before it was suspended and served further 6m in custody before breach hearing (Bowskill J).
Notice of Appeal Filed
File Number: CA329/19
09 Dec 2019
Application for leave to appeal against sentence filed.
Appeal Determined (QCA)
[2020] QCA 110
29 May 2020
Leave to appeal granted, appeal allowed; sentencing judge erred in not taking into account that offender had served 18m in custody and 16m on parole for supply offence; unjust to activate whole of balance of suspended term; offender to serve 9m with same PED: Wilson J (Morrison JA and Ryan J agreeing).
Appeal Status
Appeal Determined (QCA)
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