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Sentenced to 5m detention followed by 1y probation with no conviction recorded for grievous bodily harm; 17yo struck 21yo on head with metal pole, causing severe and permanent injuries, in premeditated and unprovoked assault; guilty plea, remorse, successful restorative justice referral, prospects of rehabilitation, previous good character; sentence reduced from 3y detention to 2y for restorative justice referral and again by 6m to reflect shortest appropriate term (Chowdhury DCJ).
Appeal Determined (QCA)
[2021] QCA 81 (2021) 7 QR 601
30 Apr 2021
Attorney-General’s appeal against sentence allowed; the sentence imposed below was a product of the process of mathematical reasoning forbidden by Barbaro v R [2014] HCA 2 and was, in any case, inadequate having regard to the nature of the offence, its objective circumstances and the effect upon the victim; child resentenced to 2 years’ detention to serve 1 year with a conviction recorded: Sofronoff P (McMurdo JA and Boddice J agreeing).
Appeal Status
Appeal Determined (QCA)
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