Ellicott v Day [1996] QCA 431

1 COURT OF APPEAL [1996] QCA 431 PINCUS JA DERRINGTON J AMBROSE J CA No 374 of 1996 ELLICOTT v. STEPHEN TROY DAY Applicant BRISBANE ..DATE 25/10/96 JUDGMENT -- 1 of 3 -- 251096 T13/JB M/T COA263/96 2 JUDGMENT PINCUS JA: This is an application for leave to appeal against sentence, in rather complicated circumstances. The applicant was sentenced to imprisonment in the Magistrates Court on 5 August 1996 in respect of an offence of stealing. The sentence was six months cumulative with a recommendation for consideration for parole after six months. It is necessary to say that the head sentence of six months was not, in the circumstances, excessive, nor is it argued to be. It was an ordinary bag-snatching case, that is, the applicant took a handbag which was put down between two people and ran off with it. In view of the applicant's prior criminal history, in these circumstances no complaint could be made of that. What Mrs Richards, for the applicant contends is that the recommendation for parole, which was one for consideration after six months, was too harsh. She contends that the Magistrate should, in the circumstances, have made a recommendation for parole at an earlier date and she suggests that what we should presently do is to recommend that the applicant be eligible for consideration for parole immediately. The application of the relevant sections, and in particular section 157(3), is a matter of considerable difficulty and the Court had intended that further submissions would be made in relation to it. However, in the circumstances, there being in substance an agreement that the order proposed by Mrs Richards should be made, I would favour granting the application, allowing the appeal, and replacing the recommendation with respect to parole, made by the Magistrate, by a recommendation that the applicant be eligible for release on parole immediately. -- 2 of 3 -- 251096 T13/JB M/T COA263/96 3 JUDGMENT DERRINGTON J: Yes, I agree. AMBROSE J: Yes, I agree. PINCUS JA: That will be the order. ----- -- 3 of 3 --