Court of Appeal

R v SCR [2017] QCA 060 (16/238) Fraser and Morrison JJA and Mullins J 11 April 2017

Full-text: QCA17-060.pdf


CRIMINAL LAW APPEAL AND NEW TRIAL APPEAL AGAINST SENTENCE GROUNDS FOR INTERFERENCE SENTENCE MANIFESTLY EXCESSIVE where the child applicant plead guilty to a substantial number of offences and was sentenced to serve concurrent terms of detention for three years and six months where s 272(2) Youth Justice Act allows for release after the young offender serves 70 per cent of the detention term where, in special circumstances that term may be reduced to between 50 and 70 per cent where the applicant had a prejudicial upbringing and is institutionalised due to a history of petty crime where the applicant assisted and cooperated with authorities where the respondent concedes that an error was made by the sentencing judge when the sentencing judge failed to consider those matters as special circumstances whether the special circumstances should result in an earlier release date whether the sentence is manifestly excessive