Catchwords

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 pleaded guilty to unlawfully doing grievous bodily harm – where attack on the complainant was unprovoked, cowardly and vicious – where there was a disproportion in stature between the respondent and the complainant – where attack took place in the central Brisbane district at night – where respondent made a calculated attempt to avoid detection – where consequences for the complainant were serious – where no weapon used – where respondent appeared to act spontaneously – where respondent was subject to a good behaviour bond at time of attack – where respondent had a limited prior criminal history – where the respondent was sentenced to three years imprisonment, suspended after nine months for an operational period of three years – whether the sentence was manifestly inadequate

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – PURPOSE OF SENTENCE – DETERRENCE – where there was a violent, unprovoked attack in the central Brisbane district at night – whether deterrence is a factor of special significance in determining sentence in these types of cases

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – HEARING IN OPEN COURT AND IN PRESENCE OF ACCUSED – IN PRESENCE OF ACCUSED PERSON – where Judge’s sentencing remarks in the record of proceedings reflected very extensive correction to the transcript, including some matters of substance – whether in determining appeal the court should work from what was said at the hearing or the amended version