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R v Green; ex parte Attorney-General [2021] QCA 153
JUDGE(S):
Sofronoff P, Morrison JA, Flanagan J
DELIVERED ON:
27 July 2021
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Editorial Notes
Published Case Name:
R v Green; Ex parte Attorney-General (Qld)
Shortened Case Name:
R v Green; ex parte Attorney-General
MNC:
[2021] QCA 153
Court:
QCA
Judge(s):
Sofronoff P, Morrison JA, Flanagan J
Date:
27 Jul 2021
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2021] QDCSR 46
15 Feb 2021
Sentenced to 4.5y, suspended after 13m for 5y, on 12 counts of indecent treatment and 4 counts of rape; 56-61yo pleaded guilty to domestic violence offending consisting of digital rape and touching vaginal area of 4-8yo step-granddaughters; suspension raised by prosecutor and adopted by defence and sentencing judge, who purported to impose sentence so that offender ‘served one quarter’ of term, requiring suspension ‘16 months from today’ (which his Honour corrected to 13m) (Cash QC DCJ).
Notice of Appeal Filed
File Number: CA46/21
15 Mar 2021
Attorney-General's appeal against sentence filed.
Appeal Determined (QCA)
[2021] QCA 153
27 Jul 2021
Attorney-General’s appeal against sentence dismissed; sentencing judge did not engage in impermissible mathematical approach to sentencing; sentence not manifestly inadequate, prosecutor first raised suspension, submission now made that suspension after 13 months disclosed error of principle and that only suspension after 18 months will do: Sofronoff P (with whom Morrison JA and Flanagan J agreed).
Appeal Status
Appeal Determined (QCA)
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