R v Abbott

The applicant, Mr Abbott, appealed against his sentence in the Supreme Court of Queensland. He was convicted on his plea of guilty of trafficking in dangerous drugs, possessing a dangerous drug in excess of two grams, supplying a dangerous drug, possessing a dangerous drug, possessing a mobile phone that had been used in connection with trafficking, and 10 summary offences. Mr Abbott was sentenced to 10 years imprisonment for count 1 and eight years imprisonment for count 5, with no further punishment in relation to the other counts. 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. He trafficked wholesale methylamphetamine and cocaine for an active period of six and a half months and reengaged in trafficking while on bail. The applicant’s offending did not involve violent conduct. He had been convicted of two prior drug offences.

The legal issues before the court were whether the applicant’s sentence was comparable to that of another individual to whom he supplied wholesale quantities of methylamphetamine and cocaine, and whether the sentence was manifestly excessive. The court held that the sentence was not manifestly excessive and that the applicant’s sentence was comparable to that of another individual. The court found that the sentence was not manifestly excessive because the applicant had trafficked wholesale methylamphetamine and cocaine for an active period of six and a half months and reengaged in trafficking while on bail. The court also found that the sentence was comparable to that of another individual because the applicant supplied wholesale quantities of methylamphetamine and cocaine to another individual who was sentenced to 11 years imprisonment.

The court dismissed the appeal against sentence. The court held that the sentence was not manifestly excessive and that the applicant’s sentence was comparable to that of another individual. The court found that the sentence was not manifestly excessive because the applicant had trafficked wholesale methylamphetamine and cocaine for an active period of six and a half months and reengaged in trafficking while on bail. The court also found that the sentence was comparable to that of another individual because the applicant supplied wholesale quantities of methylamphetamine and cocaine to another individual who was sentenced to 11 years imprisonment. The court refused the application for leave to appeal against sentence.