R v Squires
[2017] QCA 10
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- Unreported Judgment
- Appeal Determined (QCA)
- R v Squires[2017] QCA 10
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R v Squires[2017] QCA 10
R v Squires[2017] QCA 10
SUPREME COURT OF QUEENSLAND
CITATION: | R v Squires [2017] QCA 10 |
PARTIES: | R v SQUIRES, Dean David (applicant/appellant) |
FILE NO/S: | CA No 188 of 2016 SC No 772 of 2014 SC No 921 of 2015 SC No 664 of 2016 SC No 682 of 2016 |
DIVISION: | Court of Appeal |
PROCEEDING: | Sentence Application – Further Order |
ORIGINATING COURT: | Supreme Court at Brisbane – Date of Sentence: 24 June 2016. |
DELIVERED ON: | 10 February 2017 |
DELIVERED AT: | Brisbane |
HEARING DATE: | Heard on the papers |
JUDGES: | Margaret McMurdo P and Fraser JA and Ann Lyons J Judgment of the Court |
ORDER: | The Parole Eligibility Date is fixed at 4 July 2017. |
CATCHWORDS: | CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – OTHER MATTERS – where in R v Squires [2016] QCA 348 the parties were ordered to make submissions as to the appropriate parole eligibility date for the applicant – where submissions were received – whether the Court should order a parole eligibility date in terms of the submissions Corrective Services Act 2006 (Qld), s 185 R v Squires [2016] QCA 348, related |
COUNSEL: | K Prskalo for the applicant/appellant D Nardone for the respondent |
SOLICITORS: | Legal Aid Queensland for the applicant/appellant Director of Public Prosecutions (Queensland) for the respondent |
- THE COURT: On 28 November 2016 the applicant’s application for leave to appeal against sentence in this matter was heard. On 23 December 2016 the following orders were made:[1]
- Application for leave to appeal against sentence granted.
- Appeal against sentence allowed.
- Sentence varied by ordering that the term of imprisonment imposed on Count 1 of Indictment 921 of 2015 be reduced to 12 months and be served cumulatively upon the terms of imprisonment imposed on Indictment 772 of 2014.
- The sentence and orders imposed at first instance are otherwise confirmed.
- The parties are to make submissions as to the appropriate parole date in accordance with these reasons and orders by 4.00 pm on 3 February 2017.
- A joint submission from both counsel was received on that date.
- The following proposals emerge applying the rules as set out in s 185 of the Corrective Services Act 2006:
a.Applying Rule 1, the notional parole date for the total period of four years imprisonment is 14 September 2016.
b.Applying Rule 2, in relation to the cumulative term of imprisonment of 12 months on Count 1 on Indictment Number 921 of 2015, 80 per cent of the term of imprisonment must be served, which equates to 292 days.
c.Applying Rule 3, the additional eligibility period ends on 3 July 2017.
- The joint submission is that the Parole Eligibility Date is 4 July 2017.
- Having considered that joint submission and the provisions of the Corrective Services Act 2006, there should be a further order in terms of the joint submission.
Order
- The Parole Eligibility Date is fixed at 4 July 2017.
Footnotes
[1] R v Squires [2016] QCA 348.