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Sentenced for one count of rape to 3 years’ imprisonment with parole eligibility date intended to be fixed at halfway mark but in fact fixed slightly earlier; offender 17yo at time of offence, proceedings commenced after 19th birthday, 20yo at sentence; undue delay on part of prosecution in starting or completing proceeding; offender proceeded against or sentenced as adult for another offence; sentencing judge not asked to sentence offender as child and did not do so (Richards DCJ).
Appeal Determined (QCA)
[2022] QCA 62
29 Apr 2022
Application for leave to appeal against sentence granted, appeal allowed, sentence varied; exercise of sentencing discretion miscarried; as neither Youth Justice Act 1992 (Qld) ss 140 or 141 applied, s 134 required offender to be sentenced as a child; upon resentencing, offender did not challenge length of term, Crown conceded existence of special circumstances justifying release earlier than 70%, offender released forthwith: McMurdo JA (with whom Fraser and Morrison JJA agreed).
Appeal Status
Appeal Determined (QCA)
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