R v Samuels (a pseudonym); ex parte Attorney-General
[2021] QCA 107
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R v Samuels (a pseudonym); ex parte Attorney-General [2021] QCA 107
JUDGE(S):
Sofronoff P, Bond JA, Davis J
DELIVERED ON:
17 May 2021
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Editorial Notes
Published Case Name:
R v Samuels (a pseudonym); Ex parte Attorney-General (Qld)
Shortened Case Name:
R v Samuels (a pseudonym); ex parte Attorney-General
MNC:
[2021] QCA 107
Court:
QCA
Judge(s):
Sofronoff P, Bond JA, Davis J
Date:
17 May 2021
White Star Case:
Yes
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
DC154/20 (No citation)
09 Mar 2021
Date of sentence of 2 years’ imprisonment with immediate parole release (2 days’ pre-sentence custody) for strangulation, common assault and assault occasioning bodily harm (domestic violence offences); offender grabbed partner around throat for about 30 seconds and kicked her in the abdomen and leg, causing a bruise; 20yo offender, guilty pleas, remorse, significant rehabilitative efforts, criminal history, favourable reference from employer (Lynch QC DCJ).
Notice of Appeal Filed
File Number: CA73/21
09 Apr 2021
Attorney-General's appeal against sentence filed.
Appeal Determined (QCA)
[2021] QCA 107
17 May 2021
Attorney-General’s appeal against sentence dismissed; submitted that immediate parole release rendered sentence manifestly inadequate; submission not supported by legal principle or comparatives; no principle that actual custody required for domestic violence offending; sentence imposed within range of sound exercise of discretion: Davis J (Sofronoff P and Bond JA agreeing).
Appeal Status
Appeal Determined (QCA)
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