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The Queen v Bright[1999] QCA 428

 

COURT OF APPEAL

 

McPHERSON JA

DAVIES JA

JONES J

 

CA No 269 of 1999

THE QUEEN

v.

CHRISTOPHER MICHAEL BRIGHT 

(Applicant)Appellant

 

BRISBANE

 

DATE 08/10/99

 

JUDGMENT

 

McPHERSON JA: This application was made by Christopher Michael Bright for leave to appeal against sentences imposed in the District Court. He was charged on an indictment containing six counts of offences, some of which were related, such as housebreaking, breaking entering and stealing and so on, and he was sentenced in respect of each count to imprisonment for 18 months, wholly suspended, with an operational period of three years, together with 200 hours of community service.

 

A question has been raised as to whether or not that combined form of sentence is authorised by the Act. We have not heard full submissions on the matter because the applicant when called to support his application for leave did not appear, and, so far as is known, has no intention of appearing.

 

In all the circumstances and to avoid any question about the validity of the order, which we do not suggest is erroneous, the course I suggest is to order that, in respect of the first three counts in the indictment, the sentence be one of 18 months imprisonment wholly suspended with an operational period of three years, and in respect of the last three of those counts, the sentence be 200 hours of community service.

 

In other words, the intention is that the sentence imposed below be varied by eliminating from the sentences in respect of the first three counts the order for community service, and by eliminating from the sentences imposed in the last three counts the order for imprisonment of 18 months wholly suspended with an operational period of three years.

 

DAVIES JA: I agree.

 

JONES J: I agree.

 

McPHERSON JA: The order is that the application and appeal be allowed to the extent of varying the sentences below in the limited respect I have specified.

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Editorial Notes

  • Published Case Name:

    The Queen v Bright

  • Shortened Case Name:

    The Queen v Bright

  • MNC:

    [1999] QCA 428

  • Court:

    QCA

  • Judge(s):

    McPherson JA, Davies J, Jones J

  • Date:

    08 Oct 1999

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Lennox v The Board of Professional Engineers of Queensland (No. 3) [2009] QDC 2821 citation
R v Baggott [2000] QCA 1531 citation
1

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