Carnese v The Queen

Carnese appealed against convictions for possessing a prohibited substance, namely methandrostenolone, an anabolic steroid. The appeal was heard by the Court of Criminal Appeal of the Supreme Court of Queensland.

The central legal issues before the Court were whether the recording of convictions for the drug offences was appropriate in the circumstances, and if the sentence imposed by the sentencing judge was manifestly excessive.

The Court reasoned that while the appellant was guilty of the offences, the recording of convictions was not a necessary or just outcome. Applying principles of sentencing discretion, the Court determined that the circumstances did not warrant the imposition of a criminal record, particularly given the nature of the substance and the appellant's personal circumstances. The Court found the sentence to be manifestly excessive due to the inclusion of recorded convictions.

Consequently, the appeal was allowed, the convictions were set aside, and the other penalties imposed by the sentencing judge were ordered to remain.