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CITE

Unreported Judgment
Appeal Determined (QCA)

R v Assurson[2007] QCA 350Williams JA and Keane JA and Mullins J
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R v Assurson[2007] QCA 350

SUPREME COURT OF QUEENSLAND

CITATION:	R v Assurson [2007] QCA 350
PARTIES:	R v ASSURSON, Hev (applicant/appellant)
FILE NO/S:	CA No 72 of 2007 SC No 561 of 2006
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application – Further Order
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	19 October 2007
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Williams and Keane JJA and Mullins J Judgment of the Court
ORDER:	Amend paragraph 2(b) of the orders of this Court made on 24 August 2007 in R v Assurson [2007] QCA 273 by removing 14 September 2012 and inserting in lieu thereof 1 January 2011
CATCHWORDS:	PROCEDURE – JUDGMENTS AND ORDERS – AMENDING, VARYING AND SETTING ASIDE – INHERENT POWER TO AMEND TO GIVE EFFECT TO THE MEANING AND INTENTION OF COURT – where Court allowed appeal against sentence – where order made setting parole eligibility date – where date set failed to take into account time spent in pre-sentence custody – whether order should be amended R v Allen [1994] 1 Qd R 526, cited R v Gordon [2007] 1 WLR 2117, cited
COUNSEL:	No appearance by the applicant/appellant, the applicant/appellant’s submissions were heard on the papers No appearance by the respondents, the respondent’s submissions were heard on the papers
SOLICITORS:	No appearance by the applicant/appellant, the applicant/appellant’s submissions were heard on the papers No appearance by the respondents, the respondent’s submissions were heard on the papers

[1] THE COURT: On 24 August 2007 the Court made the following orders in this matter: [2007] QCA 273:

1. Grant leave to appeal against sentence.

2. Allow the appeal to the extent of :

(a) deleting from the sentence imposed on the count of trafficking the serious violent offence declaration;

(b) fixing the appellant's parole eligibility date as 14 September 2012;

3. Otherwise confirm the sentences as imposed.

[2] It is clear from the separate reasons for judgment of Williams JA and Keane JA that the intention behind the order was that the applicant serve five and a half years in custody for the principal offence of trafficking in a mix of illegal drugs. Paragraph [3] of the order of the Court effectively confirmed the declaration made at first instance that the 621 days spent in pre-sentence custody be declared as time already served. But that was not reflected in that part of the order which fixed the parole eligibility date as 14 September 2012.

[3] In written submissions to the Court both counsel for the applicant and counsel for the respondent have requested that the order of the Court be amended so that the parole eligibility date reflects the 621 days spent in pre-sentence custody.

[4] Pursuant to its inherent jurisdiction (see R v Allen [1994] 1 Qd R 526 and R v Gordon [2007] 1 WLR 2117) this Court amends the order pronounced on 24 August 2007 by deleting in paragraph 2(b) thereof the date 14 September 2012 and inserting in lieu thereof the date 1 January 2011.

Editorial Notes

Published Case Name:
R v Assurson
Shortened Case Name:
R v Assurson
MNC:
[2007] QCA 350
Court:
QCA
Judge(s):
Williams JA, Keane JA, Mullins J
Date:
19 Oct 2007

Litigation History

Event	Citation or File	Date	Notes
Primary Judgment	SC561/06 (No Citation)	-	Pleaded guilty to various drug related offences including trafficking; sentenced to nine years imprisonment and SVO declaration imposed.
Appeal Determined (QCA)	[2007] QCA 273 (2007) 174 A Crim R 78	24 Aug 2007	Leave to appeal against sentence granted and allowing the appeal to the extent of removing the SVO declaration and fixing the applicant's parole eligibility date; sentencing judge erred in using the SVO declaration to fix parole eligibility: Williams and Keane JJA and Mullins J (Mullins J dissenting in part).
Appeal Determined (QCA)	[2007] QCA 350	19 Oct 2007	Amendment to orders made in [2007] QCA 273; correcting orders to properly reflect reasons for judgment: Williams and Keane JJA and Mullins J.

Appeal Status

Appeal Determined (QCA)

Cases Cited List of Cases Cited by this judgment

Case Name	Full Citation	Frequency
R v Allen	[1994] 1 Qd R 526	2 citations Jump To Cite 1 - [1994] 1 Qd R 526 Cite 2 - [1994] 1 Qd R 526
R v Assurson	[2007] QCA 273	2 citations Jump To Cite 1 - [2007] QCA 273 Cite 2 - [2007] QCA 273
R v Gordon	View on:ICLRUK[2007] 1 WLR 2117	2 citations Jump To Cite 1 - [2007] 1 WLR 2117 Cite 2 - [2007] 1 WLR 2117

Cases Citing List of cases on Queensland Judgments citing this Judgment

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R v Assurson[2007] QCA 350

R v Assurson[2007] QCA 350

[1] THE COURT: On 24 August 2007 the Court made the following orders in this matter: [2007] QCA 273:

1. Grant leave to appeal against sentence.

2. Allow the appeal to the extent of :

(a) deleting from the sentence imposed on the count of trafficking the serious violent offence declaration;

(b) fixing the appellant's parole eligibility date as 14 September 2012;

3. Otherwise confirm the sentences as imposed.

[3] In written submissions to the Court both counsel for the applicant and counsel for the respondent have requested that the order of the Court be amended so that the parole eligibility date reflects the 621 days spent in pre-sentence custody.

[4] Pursuant to its inherent jurisdiction (see R v Allen [1994] 1 Qd R 526 and R v Gordon [2007] 1 WLR 2117) this Court amends the order pronounced on 24 August 2007 by deleting in paragraph 2(b) thereof the date 14 September 2012 and inserting in lieu thereof the date 1 January 2011.

Editorial Notes

Litigation History

Appeal Status

Cases Cited List of Cases Cited by this judgment

Cases Citing List of cases on Queensland Judgments citing this Judgment