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- R v Muscat[2005] QCA 129
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R v Muscat[2005] QCA 129
R v Muscat[2005] QCA 129
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Sentence Application |
ORIGINATING COURT: | |
DELIVERED ON: | 29 April 2005 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 15 March 2005 |
JUDGES: | Jerrard JA, Cullinane and Jones JJ Separate reasons for judgment of each member of the Court, each concurring as to the order made |
ORDER: | Application for leave to appeal against sentence dismissed |
CATCHWORDS: | CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTON – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE - where applicant pleaded guilty to 53 property and dishonesty related offences and one count of attempted escape from lawful custody - where applicant sentenced to five years imprisonment with a recommendation for parole after serving two years imprisonment - where a number of the offences were committed while the applicant was on bail - whether learned sentencing Judge gave insufficient weight to the applicant’s plea of guilty on an ex officio indictment and for the applicant’s co-operation with the police - matters in mitigation - whether sentence manifestly excessive |
COUNSEL: | S Pearson for the applicant R G Martin SC for the respondent |
SOLICITORS: | Legal Aid Queensland for the applicant Department of Public Prosecutions (Queensland) for the respondent |