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Home > Qld Judgments > Supreme Court: Court of Appeal 2004 > R v Chard; ex parte A-G (Qld) [2004] QCA 372

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[Full-text PDF] R v Chard; ex parte A-G (Qld) [2004] QCA 372 (04/0277) Brisb de Jersey CJ Williams JA Jones J 8/10/2004

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CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where respondent convicted of manslaughter of infant – where offence committed during operational period of suspended sentence – where learned sentencing judge sentenced respondent to six years imprisonment for manslaughter, ordered that he serve 12 months of suspended term of imprisonment cumulative on that six years and then made recommendation that respondent be eligible to apply for post-prison community based release after serving 18 months – whether learned sentencing judge erred in the way he structured the sentence – whether suspended sentence should be imposed first and the manslaughter sentence then be made cumulative on it – whether this error made the sentence manifestly inadequate