JSB171 Lecture Notes - Lecture 1: Assault Occasioning Actual Bodily Harm, Indictable Offence, Mitigating Factor
Document Summary
= range of sentences that would usually apply for the specific offence: includes , sentencing tariff. Act 1886 (qld) (amended 1997: defence requires leave of court for , indictable offences or summary offences: s668d(1)(c) cc, summary conviction under s651: s668d(2) Reducing or quashing sentence: sentencing is a matter of discretion courts will not generally interfere unless manifestly excessive: buckmaster; skinner, where tj has (buckmaster; skinner) Procedure: sentence of magistrates court appeal to district court within one month of order: s222 justices. Act 1886 (qld) (amended 1997: indictable offence tried summarily (mags) coa: s669a, no leave required qdc & qsc directly to court of appeal: s 669a(1) cc. Manifestly unreasonable exercise of function so as to be a. Does not apply to juveniles under 17yo: juvenile justice act 1992 (qld) Two-tiered approach : determine objective sentence, adjust sentence by some mathematical value given to one or more features of the case.
