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Application for bail pending trial for murder; having regard to ties to jurisdiction, not unacceptable risk of failure to appear; bail granted on ‘very stringent’ conditions: Atkinson J.
Primary Judgment
SC1600/16 (No citation)
23 Feb 2018
Date of sentence; offender punched deceased in head causing him to fall backwards onto roadway where he was struck by a truck; offender pleaded not guilty to manslaughter and unlawful striking causing death; jury acquitted offender of manslaughter but found him guilty of unlawful striking causing death; sentenced on basis that death neither foreseen nor objectively reasonably foreseeable; sentenced to 6.5 years’ imprisonment with parole eligibility after 5.2 years (Code s 314A(5)) (Applegarth J)
Appeal Determined (QCA)
[2019] QCA 93 (2019) 278 A Crim R 1
24 May 2019
Leave to appeal against sentence refused; sentence not manifestly excessive; sentence adequately reflects significance of acquittal of manslaughter; unlawful striking causing death is not less serious than (but is as serious as) manslaughter; sentencing judge’s decision accords with correct application of Code s 314A and PSA s 9 to relevant facts and circumstances: Crow J (Fraser and Philippides JJA agreeing).
Appeal Status
Appeal Determined (QCA)
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