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Date of sentence; pleaded guilty to armed robbery and common assault; offender robbed pharmacy whilst armed, although weapon was not used; offender did not intend to traumatise/injure employees and desired to be caught and returned to prison; sentenced to concurrent terms of 4 years’ imprisonment and 6 months’ imprisonment with parole eligibility set at date of sentence (i.e. after 14 months in custody) (Lynham DCJ).
Appeal Determined (QCA)
[2021] QCA 225
19 Oct 2021
Leave to appeal granted, appeal allowed; given notorious significant parole hearing delays, sentencing judge erred in failing to consider partially suspended sentence as alternative means of properly mitigating sentence on account of early plea of guilty; offender resentenced to 4 years’ imprisonment suspended forthwith (i.e. after 19 months) for 4 years: McMurdo JA, Bond JA, Kelly J.
Appeal Status
Appeal Determined (QCA)
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