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Pleaded guilty to the offence of unlawful assault occasioning bodily harm while in company; sentenced to nine months imprisonment, to be served concurrently of course with life sentence for murder already imposed; fixed a new parole eligibility date to a date six months later than previous date.
Appeal Determined (QCA)
[2007] QCA 230 [2008] 1 Qd R 465
20 Jul 2007
Grant application for leave to appeal sentence and allow appeal but impose same sentence; by s 181(4) CSA and s 160A(5) PSA, the fixing of a later parole eligibility date, as occurred here, where a life prisoner is sentenced for a subsequent offence, does not amount to a “variation” of the sentence of life imprisonment; although primary judge erred in considering himself obliged to fix a new parole eligibility date, had the discretion to: de Jersey CJ, Jerrard JA and Mullins J.
Appeal Status
Appeal Determined (QCA)
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