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R v Baumgart [2014] QCA 109 (13/0273) Fraser JA and Atkinson and Jackson JJ 16/05/2014

Full-text: QCA14-109.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS – where the applicant was convicted, on his own pleas of guilty, of a number of offences including armed robbery in company with personal violence, fraud, attempted fraud, and several drug-related offences – where the applicant was sentenced to five years imprisonment with parole eligibility set at 18 months for the offence of armed robbery in company with personal violence – where the applicant’s co-offender on the armed robbery in company with personal violence was sentenced, on his plea of guilty, to three years imprisonment with parole eligibility set at nine months – where the co-offender was 10 years younger than the applicant with a less extensive criminal history – where the co-offender had not committed additional offences with which the applicant was charged – where the co-offender was not in breach of a suspended sentence or on parole – whether the applicant could have a justifiable sense of grievance about parity of the sentences