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 GRANTED - applicant convicted after pleas of guilty to ex officio indictment containing eight counts of burglary, two counts of entering premises and committing an indictable offence, two counts of unlawful entry of a vehicle to commit an indictable offence, four counts of stealing, five counts of unlawful use of a motor vehicle, two counts of possession of things used in connection with unlawful entry and one count of wilful damage - on each of the burglary counts sentenced to three and a half years imprisonment - on remaining counts sentenced to lesser terms of imprisonment - all sentences concurrent - recommendation for eligibility for post-prison community based release after two years - 29 years old at sentence - total amount of property involved in offending about $86,000 - some offences committed whilst on bail - lengthy criminal history - 325 days spent in pre-sentence custody unable to be declared as time served - full admissions in relation to many of the offences - offending directly related to drug addiction - remorse shown - efforts made at rehabilitation - drug free since placed into custody in August 2004 - whether sentence manifestly excessive

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PROBATION, PAROLE, RELEASE ON LICENCE AND REMISSIONS - QUEENSLAND - sentencing judge made recommendation for eligibility for post-prison community based release after statutory eligibility date - practice in Queensland is that a recommendation is ordinarily only made if it is for a time earlier than the statutory eligibility date - special circumstances are necessary before making a recommendation after statutory eligibility date - whether any special circumstances existed to justify recommendation after statutory eligibility date