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Queensland Judgments

[Full-text PDF] R v Singh [2006] QCA 071 (05/0342) Brisb McMurdo P Williams JA Fryberg J 15/03/2006 (delivered ex tempore)

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 – where applicant pleaded guilty to unlawful wounding with intent to do grievous bodily harm – where applicant was sentenced to six years’ imprisonment with a recommendation that he be eligible for post prison community based release after 2½ years - where applicant struck a single blow to the complainant’s head with a machete after complainant entered applicant’s property and remonstrated with him – whether sentence manifestly excessive in all the circumstances

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – FACTUAL BASIS FOR SENTENCE - where sentencing judge made finding based on victim impact statement – purpose of victim impact statement – whether victim impact statement should be relied upon in sentencing