Clarke v The Queen

The case of *Clarke v The Queen* concerned an appeal against sentences imposed on the appellant for drug offences. The appellant, who was 23 years old at the time of the offending, was involved in the supply of methamphetamine and cannabis, and the possession of tainted monies. The appeal was heard by the Supreme Court of the Northern Territory, comprising Grant CJ, Blokland and Barr JJ.

The legal issues before the Court included whether the sentencing judge erred by failing to give adequate weight to the sentencing purpose of rehabilitation, whether the judge effectively sentenced the appellant for a commercial quantity of methamphetamine when the charge was for a lesser amount, and whether the sentences imposed, both individually and in total, were manifestly excessive. The appellant also contended that the sentencing judge had improperly considered the supply of drugs when sentencing for the possession of tainted monies.

The Court found that the sentencing judge had given appropriate consideration to the appellant's prospects of rehabilitation. Despite the appellant's relative youth, the judge was entitled to conclude, based on her poor prospects for rehabilitation, her significant criminal history including breaches of court orders, and the serious nature of her reoffending while subject to a suspended sentence, that rehabilitation was not a compelling sentencing purpose in this case. The Court also determined that the appellant was not sentenced for a commercial quantity of drugs, but rather for intensive drug dealing activity, and that the charge of dealing with tainted monies did not constitute an abuse of process. However, the Court found that the criminality inherent in the supply offences adequately accommodated the criminality charged in relation to the tainted monies, and that the total sentence of four years and six months imprisonment was manifestly excessive.

Consequently, the appeal was allowed in part. The Court found no error in the sentencing judge's consideration of rehabilitation or the application of the principle in *The Queen v De Simoni*. However, the Court determined that the total sentence imposed was excessive, and the appellant was resentenced.