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R v Donald[2000] QCA 399

 

COURT OF APPEAL

 

de JERSEY CJ

PINCUS JA

THOMAS JA

 

CA No 179 of 2000

THE QUEEN

v.

STUART ANGUS DONALD Applicant

 

BRISBANE

 

..DATE 28/09/2000

 

JUDGMENT

 

THE CHIEF JUSTICE:  The applicant for leave to appeal was sentenced to three years' imprisonment to be suspended after 18 months for three years.  He committed two offences of house-breaking and one of entering a dwelling.  There were other offences of stealing, false pretences and attempted house-breaking which attracted lower terms of imprisonment.

 

He had a very substantial prior criminal history covering a period of eight years involving many offences of dishonesty and offences like those for which he was sentenced on this occasion.  When he was sentenced he was 26 years old and the relevant offending covered the preceding three years. 

 

Because of his drug problem and apparently because of a defence request for some certainty about his release date, the sentencing Judge suspended the sentences rather than recommending eligibility for parole.  While it is true that property of great value was not involved, the learned Judge was rightly influenced by the need to deter crime like this which is prevalent in the community.

 

The cases of Hadden, CA 198 of 1996, and Peat, CA 187 of 1991, suggest to me that the three year term was at least mid-range for house-breaking by an offender with this prior record and arguably low range.  That being so, the Judge's not having contemplated release prior to the applicant's serving one half of the head sentence does not mean that that sentence should be regarded as manifestly excessive and not reflecting properly the significance of the pleas of guilty.  I would refuse the application.

 

PINCUS JA:  I agree.

 

THOMAS JA:  I agree.

 

THE CHIEF JUSTICE:  The application is refused.

Close

Editorial Notes

  • Published Case Name:

    R v Donald

  • Shortened Case Name:

    R v Donald

  • MNC:

    [2000] QCA 399

  • Court:

    QCA

  • Judge(s):

    de Jersey CJ, Pincus JA, Thomas JA

  • Date:

    28 Sep 2000

Litigation History

EventCitation or FileDateNotes
Appeal Determined (QCA)[2000] QCA 39928 Sep 2000Application for leave to appeal against sentence refused: de Jersey CJ, Pincus JA, Thomas JA

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Annas v Queensland Police Service [2018] QDC 2512 citations
Chisholm v Wanklin [2009] QDC 2862 citations
Hemmings v Commissioner of Police [2021] QDC 1721 citation
R v Doyle [2011] QCA 142 citations
R v Farr [2018] QCA 411 citation
R v Hazelgrove [2013] QCA 243 2 citations
R v Howie [2009] QCA 502 citations
R v Pevitt [2016] QCA 493 citations
R v Vaughan [2005] QCA 3483 citations
1

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