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Friday, February 7, 2014

Legal Investigation

R v Lovell [2012] QCA 43 (Lovell) irresolution 1 a) On 22 October 2010 the applicant, James Kentwell Lovell, pleaded guilty to septette charges in the division Court of Queensland. These charges include three charges of fraud, devil charges of forgery and devil of uttering. The seven lists were dealt with as follows; the applicant was sentenced to 10 long clock time irons on deem one, 12 eld handcuffs on count two, three years imprisonment on separately of counts three, four, hexad and seven and 12 months imprisonment on count five. The terms of imprisonment imposed with respect to counts one, two, three, four, six and seven were to be served concurrently. The 12 months imprisonment imposed on count five was to be served cumulatively on the others [16]. b) The procedural replication to be decided on appeal was did Lovells type and/or sentence resemble like medieval cases, thusly allowing the doctrine of precedent to apply. On both counts 1 and 2, L ovells sentence was the maximum penalty handed checkmate(a) for those offences. The all-important(a) emergence to be decided on appeal is whether Lovell is worthwhile of the maximum sentence and how his sentence reflects the offences committed compared with other similar cases. Question 2 The three judges which adjudicated the hearing were Margaret McMurdo P, Chesterman JA and Atkinson J. The orders handed down included: 1. The industry to adduce further evidence is refused. 2. The drill for leave to appeal against sentence is granted. 3. The appeal is allowed only to the gist of setting aside the term of imprisonment of 12 years imposed on count 2 and substituting a sentence of 10 years imprisonment, and setting aside the intelligence activity eligibility construe of 30 November 2015 and substituting a parole eligibility employment of 30 May 2015. Margaret McMurdo P and Atkinson J concurred to the orders made in the final judgment, whilst Chesterm an JA dissented to the reasons for judgment.! Chesterman JA did not condemn the...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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