Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – where applicant convicted on his own pleas of guilty of two counts of assault occasioning bodily harm, five counts of burglary and stealing, one count of stealing and four counts of breaking and entering premises and stealing – where applicant sentenced to nine months imprisonment for the first assault – where sentenced to three years imprisonment for the nine stealing offences and six months imprisonment for the second assault and the stealing offence –

where the sentences for the second assault and stealing all concurrent but cumulative on the sentence for the first assault – where the sentences of three years imprisonment were suspended after one year for an operational period of four years – where applicant argued that five and a half months in pre sentence custody should count as time already served – where applicant was on remand for other offences during those five and a half months – where sentencing judge took that period into account notwithstanding it was not able to be declared time already served under s 161 of the Penalties and Sentences Act 1992 (Qld) – whether sentence manifestly excessive