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Sentenced to 4y detention, released after 60%, with conviction recorded and order permitting publication of identifying information (YJA s 234(2)) for GBH with intent; 17yo randomly attacked 12yo with box cutter, causing horrific injuries; some mental impairment at time, no history, early plea, dysfunctional upbringing, extra-curial punishment, mental health issues; sentencing judge considered starting point of 6y and found that offence ‘particularly heinous’ (YJA s 176(3)(b)) (Chowdhury DCJ).
Appeal Determined (QCA)
[2020] QCA 269 (2020) 6 QR 568; (2020) 287 A Crim R 185
04 Dec 2020
Application for leave to appeal against sentence granted, appeal allowed, order permitting publication of identifying information set aside; that order was made in error; the sentencing judge’s finding that the offence was ‘particularly heinous’ was not made for a proper purpose, i.e. to determine whether the period of detention should exceed 10 years, or was not reasonably open, consistently with the sentence considered appropriate: McMurdo JA (with whom Fraser and Philippides JJA agreed).
Appeal Status
Appeal Determined (QCA)
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