CITATION:

R v Swayn; ex parte A-G (Qld) (No 2) [2009] QCA 179

PARTIES:

R
v
SWAYN, Anthony William
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 348 of 2008

DC No 229 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by the A-G (Qld) – Further Orders

ORIGINATING COURT:

District Court at Rockhampton

DELIVERED ON:

Judgment delivered 9 April 2009

Further Orders delivered 19 June 2009

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Muir and Fraser JJA and Mullins J

Judgment of the Court

FURTHER ORDERS:

1. State that the respondent was held in pre-sentence custody for a period of seven days between 21 November 2008 and 27 November 2008 in relation to proceedings for the offences and for no other reason.
2. Declare that these days are taken to be imprisonment already served under the sentence imposed by this Court on appeal.
3. Direct that the Chief Executive (Corrective Services) be advised in writing of this declaration and its details.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEALS BY CROWN – OTHER MATTERS – where the Attorney-General successfully appealed the respondent’s sentence as being manifestly inadequate – where the sentencing judge originally made a pre-sentence custody declaration for seven days imprisonment already served by the respondent – where such a declaration was not made when the Court re-sentenced on appeal – where both parties agree that such a declaration should now be made

Penalties and Sentences Act 1992 (Qld), s 159A

R v Fursey (No 2) [2008] QCA 329, cited

COUNSEL:

A W Moynihan SC, with L P Brisick, for the appellant

B G Devereaux SC, with J B Benjamin, for the respondent

SOLICITORS:

Director of Public Prosecutions (Qld) for the appellant

Legal Aid Queensland for the respondent