R v Fursey (No 2)
[2008] QCA 329
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- Unreported Judgment
- Appeal Determined (QCA)
- R v Fursey (No 2)[2008] QCA 329
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R v Fursey (No 2)[2008] QCA 329
R v Fursey (No 2)[2008] QCA 329
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | DC No 1043 of 2006 DC No 3252 of 2006 DC No 3254 of 2006 DC No 1807 of 2008 |
Court of Appeal | |
PROCEEDING: | Sentence Application – Delivery of Further Orders |
ORIGINATING COURT: | |
DELIVERED ON: | 22 October 2008 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 13 October 2008 |
JUDGES: | Keane, Holmes and Fraser JJA Judgment of the Court |
ORDERS: | 1. Set aside order number 5 made by this Court on 17 October 2008 and instead order:a. Further vary the sentence to the extent that it relates to the State offences in indictments 1043 of 2006 and 3254 of 2006 and vary the orders in District Court file number 1807 of 2008 by setting aside the parole release date of 21 December 2008 fixed in the District Court and instead fixing a parole release date of 23 October 20082. Otherwise confirm the orders made by this Court on 17 October 2008 |
CATCHWORDS: | PROCEDURE – JUDGMENTS AND ORDER – AMENDING, VARYING AND SETTING ASIDE – INHERENT POWER TO AMEND TO GIVE EFFECT TO MEANING AND INTENTION OF COURT – where Court allowed an appeal against sentence – where Court did not make an order setting aside a parole release date fixed for a breach of a suspended sentence – where the orders did not reflect the intention of the Court – whether the orders should be varied to reflect the intention of the Court |
COUNSEL: | C J Cassidy for the applicant/appellant M J Copley for the respondent |
SOLICITORS: | Legal Aid Queensland for the applicant/appellant Director of Public Prosecutions (Queensland) for the respondent |
[1] THE COURT: On 13 October 2008 this Court heard an application for leave to appeal against sentence. On 17 October 2008 the Court granted the application and allowed the appeal and made the following orders:
“1.Application for leave to appeal against sentence granted.
2.Appeal allowed.
3. Vary the sentence imposed in the District Court to the extent that it relates to the Commonwealth offences in indictment 3252 of 2006 by ordering that the applicant be sentenced to six months imprisonment and direct by order that the applicant be released on 23 October 2008 after having served the period of imprisonment between 4 July and 23 October 2008 upon the applicant giving security by recognizance in the sum of $200 conditioned that the applicant be of good behaviour for a period of five years.
4. Record that the Court accepts the undertaking of the applicant’s counsel that he will give to the applicant the explanation required by s 16F(2) of the Crimes Act 1914 (Cth).
5. Further vary the sentence to the extent that it relates to the State offences in indictments 1043 of 2006 and 3254 of 2006 by setting aside the parole release date of 21 December 2008 fixed in the District Court and instead fixing a parole release date of 23 October 2008.
6. Further vary the sentence by ordering that each of the federal sentences and the state sentences are to be served concurrently with each other and with the sentence imposed in the Brisbane Magistrates Court on 23 April 2008 as varied in the District Court on 29 September 2008.
7. Otherwise confirm the sentences imposed in the District Court.”