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Sentenced for offences arising out of security incident at airport caused by pursuit of estranged wife and children, namely contravene DVO, assault police (count 3), bomb hoax, stalking, two common assaults and offence against s 28(2)(b) Crimes (Aviation) Act 1991 (Cth) (count 2); offender had been charged with and pleaded guilty to s 28(1)(a) charge; allocutus in terms of s 28(2)(b); sentenced to 6y on count 2, 3y on count 3 and lesser terms (all concurrent) (NPP 2.5y) (Sheridan DCJ).
Appeal Determined (QCA)
[2021] QCA 257 (2021) 9 QR 558
30 Nov 2021
Leave granted, appeal allowed; sentencing judge mistook offence to which offender had pleaded guilty; offender to be resentenced (thereby validly convicted of count 2 s 28(1)(a)); very serious offending, limited criminal history, no political/terrorist motive, early plea, remorseful, cooperative, unlikely to reoffend, mental health; resentenced to 5y on count 2 (NPP 2.5y) (extant state sentence (count 3) suspended to avoid conflict between parole systems): Sofronoff P, Davis J, Williams J.
Appeal Status
Appeal Determined (QCA)
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