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R v RBE[2021] QCA 146

Reported at (2021) 8 QR 358
CITATION: R v RBE [2021] QCA 146
JUDGE(S): Morrison JA, McMurdo JA, Burns J
DELIVERED ON: 20 July 2021
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Editorial Notes

  • Published Case Name:

    R v RBE

  • Shortened Case Name:

    R v RBE

  • Reported Citation:

    (2021) 8 QR 358

  • MNC:

    [2021] QCA 146

  • Court:

    QCA

  • Judge(s):

    Morrison JA, McMurdo JA, Burns J

  • Date:

    20 Jul 2021

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC473/20 (No citation)11 Nov 2020Date of sentence; pleaded guilty to one count of arson of dwelling jointly owned with ex-wife (domestic violence offence); sentenced to 4 years' imprisonment, suspended after 1 year for 4 years (Loury QC DCJ).
Appeal Determined (QCA)[2021] QCA 146 (2021) 8 QR 35820 Jul 2021Leave granted, appeal allowed, sentence varied; prosecution having made no positive allegation as to motive, sentencing judge erred in finding that accused ‘acted vindictively to hurt his wife’; as defence contention of attempted suicide at least as probable as inference of attention-seeking, accused given benefit of doubt upon resentencing; resentenced to 3 years’ imprisonment, suspended at date of hearing of appeal (i.e. after approx. 5 months) for 3 years: Morrison JA, McMurdo JA, Burns J.

Appeal Status

Appeal Determined (QCA)

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