Muirson v Jones

[1995] QCA 596

[1995] QCA 596

COURT OF APPEAL

FITZGERALD P
McPHERSON JA
THOMAS J

CA No 394 of 1995

B T MUIRSON  

and

TERRENCE RICHARD JONES  Applicant

BRISBANE

..DATE  21/11/95

JUDGMENT

THE PRESIDENT:  This is an application for leave to appeal against a sentence imposed on 6 September 1995 in the Magistrates Court at Gladstone.  The applicant pleaded guilty to one count of possession of cannabis sativa for which he was sentenced to 12 months imprisonment and one count of possession of implements for which he was sentenced to seven days imprisonment with sentences to be served concurrently.

The application for leave to appeal is effectively concerned only with the sentence for possession of cannabis sativa.  The shortest sentence, which has of course already been served, could not have been the subject of an appeal to this Court.

On 18 July 1995 the applicant's house was raided by police who found a used pipe and one gram of cannabis sativa wrapped in alfoil.  The applicant admitted that the property was his, that he had cut the cannabis the previous night and that he had been a regular user of the drug for 13 years.  He is 30 years old and has an extensive criminal history consisting of possession of dangerous drugs, supply of dangerous drugs, aggravated assault of a sexual nature, assault of a police officer and resisting police.

The Magistrate referred to the applicant's criminal history and said that he had showed little or no remorse for his actions and he had no intention of reforming.  Even so, and even though the applicant has previously been sentenced to imprisonment for his persistent drug offences it seems to me, and Ms Clare for the prosecution does not dispute, that the sentence was indeed manifestly excessive because of the small amount of cannabis involved. 

I would grant the application, allow the appeal, set aside the sentence of 12 months imprisonment in respect of the applicants conviction for possession of cannabis sativa on 18 July 1995 and in lieu substitute a sentence of imprisonment for one month. 

McPHERSON JA:  I agree.

THOMAS J:  I agree.

THE PRESIDENT:  The orders of the Court are as I have indicated.

-----