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Daily Mail
3 days ago
- General
- Daily Mail
State government fails to extend man's sentence it deemed 'manifestly inadequate'
A state government has failed to prove a man accused of using a rope to drag a woman to a car was handed a 'manifestly inadequate' sentence. The Queensland government had sought to increase Brock Andrew McDonald's sentence after he was jailed for assaulting and depriving the liberty of a young woman in October 2023. He was sentenced to two-and-a-half years on parole in December, with 413 days as time served. Attorney-General Deb Frecklington said in January that in her view, the sentence did not meet community standards and was 'manifestly inadequate'. McDonald, 44, is alleged to have put a rope around a young woman's neck before dragging her into a car in the early hours of the morning. He placed the screaming woman in the back seat while repeatedly telling her not to look at his face. She eventually escaped the car and hid in a nearby bush before calling for help. McDonald had pleaded guilty to charges of deprivation of liberty and assault occasioning bodily harm. In the appeal, the attorney-general had sought McDonald's sentence to be increased to no less than three years for the deprivation of liberty charge. The attorney-general's counsel submitted that the Court of Appeal should conclude the sentence was 'unreasonable and plainly unjust' and was so far outside the range of sentences that an error must have occurred. But the Court of Appeal on Friday dismissed the case, finding the attorney-general could not demonstrate the sentence was manifestly inadequate or that an error had occurred. The judges said the prosecution launched the appeal with the 'fundamental misconception' that sentences for kidnapping offences were comparable in McDonald's case on a deprivation of liberty charge. The appeal court referenced the sentencing judge's ruling on the basis that the prosecution had not sought to prove intent that is required for a charge of kidnapping. The prosecution instead pursued deprivation of liberty, which holds a lesser maximum sentence. The appeal judges said the attorney general 'ignored the consequences' of the prosecution's choices in framing the charges of deprivation of liberty instead of kidnapping, which McDonald pleaded guilty to. 'The argument presented on behalf of the attorney-general fails to demonstrate that the sentence was manifestly inadequate,' the appeal judges ruled. Ms Frecklington expressed her disappointment over the outcome. 'This sentence was appealed because I did not believe it met community expectations,' she said in a statement.
Malay Mail
14-05-2025
- Politics
- Malay Mail
Prosecution: Peter Anthony's review application premature as court sets next hearing over falsified UMS contract conviction
PUTRAJAYA, May 14 — The prosecution has objected to former Sabah infrastructure development minister Datuk Peter Anthony's application for a review of the Court of Appeal's earlier decision, which upheld his three-year jail sentence and RM50,000 fine for falsifying documents related to a maintenance and service contract at Universiti Malaysia Sabah (UMS). Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin informed a three-member Court of Appeal panel chaired by Justice Datuk Che Mohd Ruzima Ghazali that the prosecution had filed the preliminary objection on April 25, on the grounds that the applicant's (Peter's) application was premature. 'The parties have also been informed that the grounds of judgment are currently being prepared, and the prosecution is not preventing the applicant from filing the review,' said Wan Shaharuddin. Also presiding over Tuesday's proceedings were Justices Datuk Azman Abdullah and Datuk Azhahari Kamal Ramli. Earlier, Peter's lawyer Datuk Rosal Azimin Ahmad said they had applied for the full written grounds of judgment, which had yet to be completed. 'Our side (the applicant) had requested the court recording transcription (CRT), but we did not receive it and only have the notes of proceedings,' he said, adding that they were requesting the review to proceed based on the brief grounds of judgment given by the Court of Appeal previously. The counsel also said they had filed a certificate of urgency as the case involved public interest, with Peter's status in the Sabah State Legislative Assembly still unresolved. The court then fixed May 16 for an e-Review mention (via Zoom) to set the hearing date for Peter's review application and the prosecution's preliminary objection. On March 14, Peter filed a notice of motion seeking the Court of Appeal to review and set aside the conviction and sentence it imposed on March 4 under Section 468 of the Penal Code. Peter is also seeking the cancellation of the prison warrant dated March 4 issued to Kajang Prison, as well as any consequential orders necessary to ensure justice is served. On March 4, the Court of Appeal ordered Peter to serve a three-year jail sentence after dismissing his final appeal against the conviction and sentence handed down by the Kuala Lumpur Sessions Court in May 2022. Peter had earlier filed an appeal on April 19, 2023, to overturn the conviction and sentence, but this was rejected by the Kuala Lumpur High Court on April 18, 2023, which upheld the Sessions Court's decision. He has already paid the RM50,000 fine imposed. According to the charge, Peter, as managing director of Asli Jati Sdn Bhd, was accused of falsifying a letter from the Office of the Deputy Vice-Chancellor of UMS dated June 9, 2014, by inserting false statements with the intent to deceive. The offence was allegedly committed at the Office of the Principal Private Secretary to the Prime Minister, Perdana Putra Building, Putrajaya, between June 13 and Aug 21, 2014, which carries a maximum jail term of seven years and a fine upon conviction under Section 468 of the Penal Code. — Bernama
