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R v Steindl[2001] QCA 315

  

COURT OF APPEAL

 

McMURDO P

DAVIES JA

THOMAS JA

  

CA No 80 of 2001 
THE QUEEN 
v. 
THOMAS WILLIAM STEINDLAppellant

 

BRISBANE

 

DATE 03/08/2001

 

JUDGMENT

 

THE PRESIDENT:  The Court intends to reserve the appeal against conviction and requires a transcript.  As to the application for leave to appeal against the sentence, I am satisfied the sentence was manifestly excessive.  The applicant has spent 142 days in custody and no greater penalty should have been imposed, than in respect of count 1, a fully suspended sentence of six months and in respect of count 2, a sentence of 18 months suspended forthwith. 

 

At this stage, I would grant the application and allow the appeal and instead of the sentence imposed below in respect of count 1, stealing, I would order the applicant be sentenced to six months' imprisonment, fully suspended, with an operational period of two years and in respect of count 2, a sentence of 18 months' imprisonment, suspended forthwith, with an operational period of two years.

 

DAVIES JA:  I agree.

 

THOMAS JA:  I agree.

 

THE PRESIDENT:  I should add that we will publish our reasons for this later and I note that if the appeal against conviction is successful, the conviction and sentence will automatically go.  So that is the order of the Court, thank you.

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Editorial Notes

  • Published Case Name:

    R v Steindl

  • Shortened Case Name:

    R v Steindl

  • MNC:

    [2001] QCA 315

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Davies JA, Thomas JA

  • Date:

    03 Aug 2001

Litigation History

EventCitation or FileDateNotes
Appeal Determined (QCA)[2001] QCA 31503 Aug 2001Application for leave to appeal against sentence granted, appeal allowed; appeal against conviction reserved: McMurdo P, Davies JA, Thomas JA
Appeal Determined (QCA)[2001] QCA 434 [2002] 2 Qd R 542; (2001) 124 A Crim R 52012 Oct 2001Appeal against conviction dismissed: McMurdo P, Davies JA, Thomas JA

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
R v Katsidis [2003] QCA 822 citations
1

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