R v Abbott

[2017] QCA 57

SUPREME COURT OF QUEENSLAND

CITATION:

R v Abbott [2017] QCA 57

PARTIES:

R
v
ABBOTT, Matthew Lewis
(applicant)

FILE NO/S:

CA No 293 of 2016
SC No 32 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Rockhampton – Date of Sentence: 11 October 2016

DELIVERED ON:

7 April 2017

DELIVERED AT:

Brisbane

HEARING DATE:

23 March 2017

JUDGES:

Fraser and Philippides and McMurdo JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The application for leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted on his plea of guilty of trafficking in dangerous drugs (count 1), possessing a dangerous drug in excess of two grams (counts 2, 3 and 5), supplying a dangerous drugs (count 4), possessing a dangerous drug (count 6), possessing a mobile phone that had been used in connection with trafficking (count 7) and 10 summary offences – where the applicant was sentenced to 10 years imprisonment on count 1 and eight years imprisonment on count 5 with no further punishment in relation to counts 2-4 and 6-7 – where the applicant was intercepted by police at the airport in possession of 130.347 grams of pure methylamphetamine and 1.132 grams of pure cocaine – where the applicant trafficked wholesale methylamphetamine and cocaine for an active period of six and a half months – where the applicant reengaged in trafficking whilst on bail – where the applicant’s offending did not involve violent conduct – where the applicant had been convicted of two prior drug offences – whether the applicant’s sentence was comparable to that of another individual to whom he supplied wholesale quantities of methylamphetamine and cocaine – whether the sentence was manifestly excessive

R v Borowicz[2016] QCA 211, considered
R v Bradforth[2003] QCA 183, considered
R v Briggs[2012] QCA 291, considered
R v Feakes[2009] QCA 376, considered
R v Rodd; Ex parte Attorney-General (Qld)[2008] QCA 341, cited

COUNSEL:

The applicant appeared on his own behalf
V A Loury QC for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. FRASER JA:  I agree with the reasons for judgment of Philippides JA and the order proposed by her Honour.

2. PHILIPPIDES JA:  The applicant was convicted on his plea on 11 October 2016 to trafficking in dangerous drugs (count 1); possessing a dangerous drug in excess of two grams (counts 2, 3 and 5); supplying a dangerous drug (count 4); possessing a dangerous drug (count 6); possessing a mobile phone that had been used in connection with trafficking (count 7); and 10 summary offences.

3. He was sentenced to concurrent terms as follows: 10 years imprisonment on count 1; eight years imprisonment on count 5; and convicted but not…