R v MJB

DISTRICT COURT OF QUEENSLAND CITATION: R v MJB [2021] QDC 170 PARTIES: R v MJB (defendant) FILE NO: Indictment No. 714/21 DIVISION: Criminal PROCEEDING: Sentence ORIGINATING COURT: District Court at Brisbane DELIVERED ON: 13 August 2021 DELIVERED AT: Brisbane HEARING DATE: 2 and 6 August 2021 JUDGE: Smith DCJA ORDER: 1.   A conviction is recorded on each count. 2.   On Count 1, I impose two years imprisonment. 3.   On Count 2, I impose two years imprisonment. 4.   On Count 3, I impose seven years imprisonment. 5.   On Count 4, I impose one months’ imprisonment. 6.   On the summary charge, I impose one months’ imprisonment. 7.   The terms of imprisonment are to be served concurrently with each other. 8. Pursuant to s 159A of the Penalties and Sentences Act, I declare the defendant has served 100 days in presentence custody. I state the dates are between 16 August 2019 and 12 November 2019 and 2 August 2021 and 13 August 2021 and I declare this to be time already served under the sentence. CATCHWORDS: CRIMINAL LAW – JUDGMENT AND PUNISHMENT – SENTENCE – Appropriate sentence for the offences of grievous bodily harm and assault occasioning bodily harm on seven week-old baby- effect of amendments to Penalties and Sentences Act 1991 (Qld) – whether serious violent offence declaration should be made and if not whether the date for parole eligibility should be delayed past the 1/3rd mark LEGISLATION: Child Protection Act 1999 (Qld) ss 59, 60, 61, 62Criminal Code 1899 (Qld) ss...