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Date 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 358
20 Jul 2021
Leave 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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