Bohl v McNeill [2009] QDC 74

1-1 [2009] QDC 74 DISTRICT COURT APPELLATE JURISDICTION JUDGE McGILL SC Appeal No 2910 of 2008 MICHAEL JOSEPH BOHL Appellant and ANTHONY DEAN McNEILL Respondent BRISBANE ..DATE 09/03/2009 ORDER -- 1 of 3 -- 2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: The appellant was convicted on a plea of guilty in the Magistrates Court at Richlands on 26 September 2008 for offences of burglary and stealing and stealing. He was sentenced to two years' imprisonment for the former offence and 12 months' imprisonment for the latter offence, to be served concurrently but cumulatively upon a sentence given in the Maroochydore District Court on the 27th of March 2006. It is conceded on behalf of the respondent that the head sentence of two years be served cumulatively with the earlier offence was manifestly excessive, and the parties have agreed an appropriate substitute sentence, on the basis of which I'm content to proceed. Accordingly in those circumstances the appeal is allowed. The sentence imposed on the 26th of September 2008 is set aside, and in lieu thereof, in respect of the burglary and stealing offence, the appellant is sentenced to 18 months' imprisonment; in respect of the stealing offence the appellant is sentenced to three months' imprisonment; the sentences to be served concurrently with each other but cumulatively on the sentence imposed on the 27th of March 2006. I declare that a period of imprisonment of 165 days from the 26th day of September 2008 to the 9th of March 2009 served solely in relation to this offending is to be imprisonment already served under the sentences imposed today and I direct the Registrar to inform the Commission of this declaration. -- 2 of 3 -- 3 ORDER 1 10 20 30 40 50 60 I fix a parole eligibility date of the 26th of March 2009. ----- -- 3 of 3 --