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DC Nos 2210 and 2579 of 2005, 1942, 1943, 1944 and 2401 of 2007 (no citations)
12 Oct 2007
H convicted on 3 September 2007 of four break-in offences (trial matters) and pleaded guilty to seven unrelated offences (plea matters); M convicted of four break-in offences and pleaded guilty to 16 unrelated offences; R convicted of two break-in offences and pleaded guilty to three unrelated offences; as to unrelated offences, H and M each sentenced to effective terms of 4 years' imprisonment and R sentenced to six months' imprisonment
Primary Judgment
DC Nos 1943, 1944 and 2401 of 2007 (no citations)
16 Jan 2009
H applied to sentencing judge at first instance to have further periods of presentence custody declared as time served under sentence; where presentence custody in relation to trial matters not declarable due to [2008] QCA 47; declared that presentence custody referable to plea matters be deemed as time served under sentence
Appeal Determined (QCA)
[2008] QCA 47
07 Mar 2008
H, M and R appealed against convictions and applied for leave to appeal against sentence; whether verdicts unreasonable or insupportable having regard to the evidence; where prosecution case dependent on drug-affected witness who gave contradictory evidence; appeal against convictions allowed, verdicts of acquittal entered and also vary sentences of H, M and R for unrelated offences: Keane, Muir and Fraser JJA
Appeal Determined (QCA)
[2009] QCA 32 [2009] 2 Qd R 345
25 Feb 2009
H applied under s 188 of the Penalties and Sentences Act 1992 (Qld) to reopen sentence imposed in [2008] QCA 47 to have taken into account the presentence custody period relating to the trial matters; application dismissed but declared that 391 days of presentence custody count towards sentence: Keane and Muir JJA and P Lyons J
Appeal Status
Appeal Determined (QCA)
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