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R v Agboti

R v Agboti

Case [2014] QCA 280 7 November 2014

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SUPREME COURT OF QUEENSLAND

CITATION:

R v Agboti [2014] QCA 280

PARTIES:

R
v
AGBOTI, Jacqueline Obianuju
(applicant)

FILE NOS:

CA No 67 of 2014
SC No 433 of 2013

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

7 November 2014

DELIVERED AT:

Brisbane

HEARING DATE:

21 July 2014

JUDGES:

Muir and Morrison JJA and Peter Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

The application for leave to adduce further evidence is refused.1.

The application for an extension of time to apply for leave to appeal against sentence is granted.2.

Appeal allowed.3.

Set aside the sentence and substitute a sentence of nine years and six months imprisonment, with a non-parole period fixed at four years and six months.4.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of importing a commercial quantity of a border controlled drug, methamphetamine – where the applicant was sentenced to 11 years imprisonment, with a non-parole period of five years and six months – where in the months leading up to the offence, the applicant had been disowned by her father, commenced using drugs, fallen pregnant, and undergone an abortion, leaving the applicant in a fragile state of mind – where the applicant was 23 years old at the time of the offence – where the applicant had no criminal history – where the cost of travel was the only reward the applicant was to receive for her offending – where the applicant applied for an extension of time in which to appeal against the sentence – whether the sentence imposed was manifestly excessive

Crimes Act 1914 (Cth), s 16A, s 16G
Criminal Code 1899 (Qld), s 671
Criminal Code 1995 (Cth), s 314.4(1)

Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18, cited
Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; (2010) 243 FLR 28; [2010] NSWCCA 194, considered
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, followed
Johnson v The Queen (2002) 26 WAR 336; [2002] WASCA 102, considered
Lau v The Queen [2011] VSCA 324, considered
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
Ng v The Queen [2010] NSWCCA 232, considered
Power v The Queen (1974) 131 CLR 623; [1974] HCA 26, cited
R v Bezan (2004) 147 A Crim R 430; [2004] NSWCCA 342, considered
R v Calis[2013] QCA 165, considered
R v Demaria [2008] VSCA 105, considered
R v Jain [2004] VSCA 30, considered
R v Jimson[2009] QCA 183, considered
R v Kaldor (2004) 150 A Crim R 271; [2004] NSWCCA 425, considered
R…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Agboti

Details

AGLC: R v Agboti [2014] QCA 280
Case: [2014] QCA 280
Decision Date: 7 November 2014

CaseChat Overview and Summary

The applicant was found guilty of importing a commercial quantity of a border controlled drug, methamphetamine, and was sentenced to 11 years imprisonment, with a non-parole period of five years and six months. The applicant sought leave to appeal against her sentence, arguing it was manifestly excessive, and applied for an extension of time to bring that appeal. The primary issues for the court to decide were whether the sentence imposed was manifestly excessive, and if so, what the appropriate remedy would be. The court had to consider the applicant's personal circumstances, including her young age, lack of criminal history, and the circumstances leading up to her offending.

The court recognised the applicant's fragile state of mind at the time of the offence, having been disowned by her father, fallen pregnant, and undergone an abortion. The court also considered the applicant's age, her lack of criminal history, and the fact that the cost of travel was the only reward she was to receive for her offending. The court found that the sentence imposed was manifestly excessive, and granted the applicant an extension of time to appeal against the sentence. The court then allowed the appeal, setting aside the original sentence and substituting a sentence of nine years and six months imprisonment, with a non-parole period fixed at four years and six months.

The court found that the original sentence was manifestly excessive given the applicant's personal circumstances, and that the appropriate remedy was to substitute a sentence of nine years and six months imprisonment, with a non-parole period fixed at four years and six months. The court found that the original sentence failed to take into account the applicant's personal circumstances, and that the appropriate sentence should have been more lenient. The court also found that the applicant's young age and lack of criminal history were significant mitigating factors that should have been taken into account in determining the appropriate sentence.

The court's final orders were to refuse the application for leave to adduce further evidence, grant the application for an extension of time to apply for leave to appeal against sentence, allow the appeal, set aside the sentence, and substitute a sentence of nine years and six months imprisonment, with a non-parole period fixed at four years and six months. The court found that the original sentence was manifestly excessive, and that the appropriate remedy was to substitute a sentence that took into account the applicant's personal circumstances.

Orders

Orders of the court

The application for leave to adduce further evidence is refused.1.

The application for an extension of time to apply for leave to appeal against sentence is granted.2.

Appeal allowed.3.

Set aside the sentence and substitute a sentence of nine years and six months imprisonment, with a non-parole period fixed at four years and six months.4.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

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Citations

R v Agboti [2014] QCA 280

Most Recent Citation

Director of Public Prosecutions v Fariq Aqbal Omar [2019] VCC 530

Cases Citing This Decision

CDirector of Public Prosecutions v Raghay [2025] VCC 1546
Citation 1

…Luu v The King [2024] VSCA 267; R v Cunha [2017] QCA 6; Yip v The Queen [2017] VSCA 231; Legault v R [2014] NSWCCA 271; R v Agboti [2014] QCA 280. Sentence: Total Effective Sentence – Eight years and eight months’ imprisonment – Non-parole period of four years and 10 months – S 6AAA – 13 years' imprisonment – No…
R v Naserabadi [2025] NSWDC 261
Citation 2 (Para 27)

…ature, I have been provided by counsel with a number of authorities which are alleged to be “comparable.” The Crown has referred me to R v Agboti [2014] QCA 280, Kemal v R [2022] NSWCCA 83, and Zaugg v R [2020] NSWCCA 53. Learned counsel for the offender, Mr Valentin, referred me, in particular, to R v Abbas [202…
R v Leung [2024] NSWDC 671
Citation 3 (Para 66)

…The Crown has provided me with a small number of cases which I have carefully considered, including Wong v R [2018] NSWCCA 263, R v Agboti [2014] QCA 280, DPP (Cth) v Estrada, Yuan and Byun (2015) 45 VR 286; [2015] VSCA 22 and R v Cheung; R v Choi [2010] NSWCCA 244; (2010) 203 A Crim R 398.…
Boulette v The King [2024] NSWCCA 217
Citation 4 (Para 57)

…In R v Agboti [2014] QCA 280, the Queensland Court of Appeal upheld an appeal against severity of a sentence of 11 years, with a non-parole period of 5 years and 6 months, for an offence of importing the equivalent of 2.326kg of pure methamphetamine in the lining of the applicant’s suitcase. The role of the appli…
Luu v The King [2024] VSCA 267
Citation 5 (Para 8)

…24] the judge said ‘that it was clear that in all the circumstances the only sentence open was a term of imprisonment.[25] [19][2017] VSCA 231. [20][2014] QCA 280. [21][2014] NSWCCA 271. [22][2020] NSWCCA 358. [23][2018] NSWCCA 191. [24]Reasons, [38]–[41]. [25]Ibid [42].…
Director of Public Prosecutions v Luu [2024] VCC 48
Citation 6

…15.9 times the commercial quantity Legislation Cited: Cases Cited: DPP (Cth) v Peng [2014] VSCA 128; Yip v The Queen [2017] VSCA 231; R v Agboti [2014] QCA 280; Legault v R [2014] NSWCCA 271; Green (a pseudonym) v R [2020] NSWCCA 358 and R v Zalapa [2018] NSWCCA 191 Sentence: 12 years imprisonment, non parole pe…
R v Abbas [2023] NSWDC 644
Citation 7 (Para 109)

…A further matter involving a courier carrying drugs in a suitcase was R v Agboti [2014] QCA 280. The 23-year-old courier imported 2.32 kilograms of methamphetamine. Following a plea of guilty a sentence was imposed at first instance of 11 years with a non-parole period of 5 years and 6 months. An appeal against s…
Thuy Thanh Thi Tran v The Queen [2022] VSCA 44
Citation 8 (Para 1)

…ar ’); Lim v the Queen [2017] VSCA 246; R v Banker [2016] QCA 74; Legault v The Queen [2014] NSWCCA 271; R v Agboti (2014) 246 A Crim R 72; [2014] QCA 280. The commercial quantity trafficking cases were: R v Ruzehaji (2018) 132 SASR 302; R v Nakash [2017] NSWCCA 196; Le v The Queen [2017] NSWCCA 26; Kleindyk v Th…
Goh v The Queen [2022] VSCA 24
Citation 9 (Para 1)

…6] QCA 143 (‘ Onyebuchi ’); DPP (Cth) v Thomas (2016) 53 VR 546; [2016] VSCA 237 (‘ Thomas ’); R v Agboti (2014) 246 A Crim R 72; [2014] QCA 280 (‘ Agboti ’); Ng [2010] NSWCCA 232; Webber v The Queen [2014] NSWCCA 111 (‘ Webber ’); Lam v The Queen [2015] NSWCCA 143 (‘ Lam ’).…
R v Omari [2022] ACTCA 4
Citation 10 (Para 1)

…In R v Agboti [2014] QCA 280; 246 A Crim R 72 the Queensland Court of Appeal allowed an appeal against sentence, and imposed a head sentence of 9 years 6 months' imprisonment with a non-parole period of 4 years 6 months for the importation of 2.326 kilograms of pure methamphetamine. The offender was 23 years old;…
DGF v The Queen [2021] WASCA 4
Citation 11 (Para 1)

…elow. The other authorities are not broadly comparable and are of little assistance. [50] R v Cunha; R v Rosso Bernando [2017] QCA 6. [51] R v Agboti [2014] QCA 280; (2014) 246 A Crim R 72. [52] Klomfar v R [2019] NSWCCA 61. [53] R v Phelps; R v Zalapa [2018] NSWCCA 191.…
R v Bannout; R v Abdul-Hassien; R v El Sayed [2019] QCA 156
Citation 12 (Para 25)

…difference in fixing the minimum period in actual custody that he must serve. [19]Appeal Transcript (“AT”) 1-2 l39. [20]AT 1-3 ll10-12. [21][2014] QCA 280 at [48] (Muir and Morrison JJA agreeing).…
Director of Public Prosecutions v Ragindram [2019] VCC 574
Citation 13

…Cases Cited: R v Nguyen; R v Pham [2010] 205 A Crim R 106; Yip v The Queen [2017] VSCA 2017; Legault v R [2014] NSWCCA 271; R v Agboti [2014] QCA 280; Kao v R [019] VSCA 84 Sentence: 7 years imprisonment with a minimum non-parole period of 4 years ---…
Director of Public Prosecutions v Fariq Aqbal Omar [2019] VCC 530
Citation 14 (Para 47)

…– isolated in prison- poor English Legislation Cited: S. 16 A Commonwealth Crimes Act Cases Cited:Cappis v R [2015] NSWCCA 138, R v Agboti [2014] QCA 280 at [47] DPP (cth) v Masange, DPP (Cth) v Kachunga [2017] VSCA 204De La Rosa [2010] 79 NSWLR 1 , Sentence: 5 years 6 months, non-parole period 3 years. ---…
R v Bittencourt-Silva [2019] NSWDC 80
Citation 15 (Para 15)

…cases said to be of relevance to the sentencing exercise, namely R v Cunha; R v Bernardo [2017] QCA 6, DPP (Cth) v Gow [2015] NSWCCA 208, Legault v R [2014] QCA 280 and R v Agboti [2014] QCA 280.…
R v Ostrowski; Ex parte [2018] QCA 62
Citation 16 (Para 10)

…cing decisions: R v Onyebuchi; Ex parte Director Public Prosecutions (Cth) [2016] QCA 143, Webber v The Queen [2014] NSWCCA 111, and R v Agboti [2014] QCA 280. The appellant argued that the head sentence imposed upon the respondent was at the lower end of the range for the offending in this case and the setting o…
R v Boimah [2017] QCA 50
Citation 17 (Para 10)

…that imposed upon the present applicant, could not be regarded as the highest sentence which might have been imposed in that case. [21][2014] QCA 280. [22] R v Agboti [2014] QCA 280 at [51]. [23]. R v Agboti [2014] QCA 280 at [52].…
R v Pham, Tran and Dang; Ex parte [2017] QCA 46
Citation 18 (Para 14)

…anker and R v Agboti [28] except that the greater amount of drugs required a commensurate uplift in penalty from what was imposed in those cases. [28][2014] QCA 280.…
R v Cunha; R v Rosso Bernardo [2017] QCA 6
Citation 19 (Para 22)

…f Public Prosecutions (Cth) v De La Rosa ,[39] and R v Onyebuchi; Ex parte Commonwealth Director of Public Prosecutions .[40] [36][2009] QCA 183. [37][2014] QCA 280. [38][2000] QCA 290. [39][2010] NSWCCA 194. [40][2016] QCA 143.…
R v Hasnan [2016] QCA 281
Citation 20 (Para 8)

…was distinguished as a case which concerned only a marketable quantity rather than a commercial quantity as was the case here. [1][2013] QCA 165. [2][2014] QCA 280. [3][2009] QCA 183.…
R v Cruz [2016] QCA 183
Citation 21 (Para 6)

…ears was imposed, as well as Alvarez , and contended he should receive a more lenient sentence than that imposed. [45]Exhibit 5, AB 76 and AB 79. [46][2014] QCA 280.…
R v Onyebuchi; Ex parte [2016] QCA 143
Citation 22 (Para 2)

…he schedule lists 11 cases, all at the intermediate appellate level, including five decisions of this Court.[6] [5]Exhibit 3, AB46-52. [6] R v Agboti [2014] QCA 280; R v Oprea [2009] QCA 184; R v Harris [2009] QCA 370; R v Thathiah [2012] QCA 195 and R v Calis [2013] QCA 165.…
Director of Public Prosecutions (Cth) v Gow [2015] NSWCCA 208
Citation 23 (Para 40)

…with a non-parole period of 6 years was said not to be manifestly excessive. 58. [2013] QCA 165. 59. With whom Muir and Morrison JJA agreed. 60. [2014] QCA 280. 61. Agboti at [14].…

See all citing cases →

Cases Cited

R v Wong [2015] NSWSC 1612
Citation 1 (Para 1)

…id to reflect the defendant's youth, his prospects of rehabilitation, and the fact that the sentence resulted in his first period in custody[19]. [16](1999) 48 NSWLR 340 ( Wong and Leung ). [17] Speer at [19]. [18] Speer at [29]. [19] Speer at [31].…
R v Calis [2013] QCA 165
Citation 2 (Para 1)

…ty of the drug is determinative; and to Demaria for the significance of remorse. [5][1967] Tas SR (NC) 266 (NC13). [6](1991) 56 A Crim R 81 at 85. [7][2013] QCA 165 ( Calis ). [8][2012] QCA 195 ( Thathiah ). [9][1999] NSWCCA 280 ( Spillane ). [10][2008] VSCA 105 ( Demaria ).…
R v Thathiah [2012] QCA 195
Citation 3 (Para 1)

…ve; and to Demaria for the significance of remorse. [5][1967] Tas SR (NC) 266 (NC13). [6](1991) 56 A Crim R 81 at 85. [7][2013] QCA 165 ( Calis ). [8][2012] QCA 195 ( Thathiah ). [9][1999] NSWCCA 280 ( Spillane ). [10][2008] VSCA 105 ( Demaria ).…
Lau v The Queen [2011] VSCA 324
Citation 4 (Para 1)

…y remorse or contrition. The sentence of nine years imprisonment, with a non-parole period of six years, was held not to be manifestly excessive. [38][2011] VSCA 324 ( Lau ). [39]See Lau at [16].…
Hili v The Queen [2010] HCA 45
Citation 5

…s (Cth) v De La Rosa (2010) 79 NSWLR 1; (2010) 243 FLR 28; [2010] NSWCCA 194, considered Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, followed Johnson v The Queen (2002) 26 WAR 336; [2002] WASCA 102, considered Lau v The Queen [2011] VSCA 324, considered Markarian v The Queen (2005) 228 CLR 357; [2005] HC…
Ng v The Queen [2010] NSWCCA 232
Citation 6 (Para 1)

…on-parole period in R v Jain [12], Speer v The Queen [13], and Ng v The Queen [14]. [12][2004] VSCA 30 ( Jain ). [13][2004] NSWCCA 118 ( Speer ). [14][2010] NSWCCA 232 ( Ng ).…
DPP (Cth) v De La Rosa [2010] NSWCCA 194
Citation 7

…0) 169 CLR 525; [1990] HCA 18, cited Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; (2010) 243 FLR 28; [2010] NSWCCA 194, considered Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, followed Johnson v The Queen (2002) 26 WAR 336; [2002] WASCA 102, considered Lau v The Queen [2011] VSCA 324,…
R v Jimson [2009] QCA 183
Citation 8 (Para 1)

…lity in unsuccessful attempts to identify others involved in the importation. Her age is not stated, but it would appear that it was at least 40. [37][2009] QCA 183.…
R v Mokoena [2009] QCA 36
Citation 9

…v Maniadis [1997] 1 Qd R 593; [1996] QCA 242, cited R v Mirzaee [2004] NSWCCA 315, considered R v Mokoena [2009] 2 Qd R 351; [2009] QCA 36, considered R v Sandford [2006] VSCA 110, considered R v Scognamiglio (1991) 56 A Crim R 81, considered R v Spillane [1999] NSWCCA 280, considered R v Thathiah [2012] QCA 19…
R v Demaria [2008] VSCA 105
Citation 10 (Para 1)

…(NC) 266 (NC13). [6](1991) 56 A Crim R 81 at 85. [7][2013] QCA 165 ( Calis ). [8][2012] QCA 195 ( Thathiah ). [9][1999] NSWCCA 280 ( Spillane ). [10][2008] VSCA 105 ( Demaria ).…
R v Tran [2007] QCA 221
Citation 11

…nsidered R v Spillane [1999] NSWCCA 280, considered R v Thathiah [2012] QCA 195, considered R v Tran (2007) 172 A Crim R 436; [2007] QCA 221, applied R v Wong (1999) 48 NSWLR 340; [1999] NSWCCA 420, considered Serrette v The Queen (2000) 118 A Crim R 204; [2000] WASCA 405, considered Speer v The Queen [2004] NSWC…
R v Sandford [2006] VSCA 110
Citation 12 (Para 1)

…prisonment with a non-parole period of three and a half years. The defendant's application for leave to appeal against this sentence was refused. [29][2006] VSCA 110 ( Sandford ). [30] Tran at [45]; Sandford at [4].…
Markarian v The Queen [2005] HCA 25
Citation 13

…6 WAR 336; [2002] WASCA 102, considered Lau v The Queen [2011] VSCA 324, considered Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited Ng v The Queen [2010] NSWCCA 232, considered Power v The Queen (1974) 131 CLR 623; [1974] HCA 26, cited R v Bezan (2004) 147 A Crim R 430; [2004] NSWCCA 342, consider…
R v Kaldor [2004] NSWCCA 425
Citation 14

…105, considered R v Jain [2004] VSCA 30, considered R v Jimson [2009] QCA 183, considered R v Kaldor (2004) 150 A Crim R 271; [2004] NSWCCA 425, considered R v Maniadis [1997] 1 Qd R 593; [1996] QCA 242, cited R v Mirzaee [2004] NSWCCA 315, considered R v Mokoena [2009] 2 Qd R 351; [2009] QCA 36, considered R v Sand…
R v Bezan [2004] NSWCCA 342
Citation 15

…n [2010] NSWCCA 232, considered Power v The Queen (1974) 131 CLR 623; [1974] HCA 26, cited R v Bezan (2004) 147 A Crim R 430; [2004] NSWCCA 342, considered R v Calis [2013] QCA 165, considered R v Demaria [2008] VSCA 105, considered R v Jain [2004] VSCA 30, considered R v Jimson [2009] QCA 183, considered R v Kaldor…
R v Mirzaee [2004] NSWCCA 315
Citation 16 (Para 1)

…rt. He had three children, and was without prior criminal conviction. He committed the offence because of financial problems he was experiencing. [26][2004] NSWCCA 315.…
Speer v R [2004] NSWCCA 118
Citation 17 (Para 1)

…arole period was lower than the non-parole period in R v Jain [12], Speer v The Queen [13], and Ng v The Queen [14]. [12][2004] VSCA 30 ( Jain ). [13][2004] NSWCCA 118 ( Speer ). [14][2010] NSWCCA 232 ( Ng ).…
R v Jain [2004] VSCA 30
Citation 18 (Para 1)

…ut that the applicant's non-parole period was lower than the non-parole period in R v Jain [12], Speer v The Queen [13], and Ng v The Queen [14]. [12][2004] VSCA 30 ( Jain ). [13][2004] NSWCCA 118 ( Speer ). [14][2010] NSWCCA 232 ( Ng ).…
Johnson v The Queen [2002] WASCA 102
Citation 19

…0] NSWCCA 194, considered Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, followed Johnson v The Queen (2002) 26 WAR 336; [2002] WASCA 102, considered Lau v The Queen [2011] VSCA 324, considered Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited Ng v The Queen [2010] NSWCCA 232, considered Power v T…
Wong v The Queen [2001] HCA 64
Citation 20

…Crim R 204; [2000] WASCA 405, considered Speer v The Queen [2004] NSWCCA 118, considered Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, followed COUNSEL: The applicant appeared on her own behalf G R Rice QC for the respondent SOLICITORS: The applicant acted on her own behalf Director of Public Prosecutions…
Serrette v The Queen [2000] WASCA 405
Citation 21

…7] QCA 221, applied R v Wong (1999) 48 NSWLR 340; [1999] NSWCCA 420, considered Serrette v The Queen (2000) 118 A Crim R 204; [2000] WASCA 405, considered Speer v The Queen [2004] NSWCCA 118, considered Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, followed COUNSEL: The applicant appeared on her own behalf G…
R v Wong [1999] NSWCCA 420
Citation 22

…v Thathiah [2012] QCA 195, considered R v Tran (2007) 172 A Crim R 436; [2007] QCA 221, applied R v Wong (1999) 48 NSWLR 340; [1999] NSWCCA 420, considered Serrette v The Queen (2000) 118 A Crim R 204; [2000] WASCA 405, considered Speer v The Queen [2004] NSWCCA 118, considered Wong v The Queen (2001) 207 CLR 584; […
R v Spillane [1999] NSWCCA 280
Citation 23 (Para 1)

…ficance of remorse. [5][1967] Tas SR (NC) 266 (NC13). [6](1991) 56 A Crim R 81 at 85. [7][2013] QCA 165 ( Calis ). [8][2012] QCA 195 ( Thathiah ). [9][1999] NSWCCA 280 ( Spillane ). [10][2008] VSCA 105 ( Demaria ).…
R v Maniadis [1996] QCA 242
Citation 24

…[2009] QCA 183, considered R v Kaldor (2004) 150 A Crim R 271; [2004] NSWCCA 425, considered R v Maniadis [1997] 1 Qd R 593; [1996] QCA 242, cited R v Mirzaee [2004] NSWCCA 315, considered R v Mokoena [2009] 2 Qd R 351; [2009] QCA 36, considered R v Sandford [2006] VSCA 110, considered R v Scognamiglio (1991) 56…
Bugmy v The Queen [1990] HCA 18
Citation 25

…Cth), s 16A, s 16G Criminal Code 1899 (Qld), s 671 Criminal Code 1995 (Cth), s 314.4(1) Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18, cited Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; (2010) 243 FLR 28; [2010] NSWCCA 194, considered Hili v The Queen (2010) 242 CLR 520; [2010] HCA…
Power v The Queen [1974] HCA 26
Citation 26

…n (2005) 228 CLR 357; [2005] HCA 25, cited Ng v The Queen [2010] NSWCCA 232, considered Power v The Queen (1974) 131 CLR 623; [1974] HCA 26, cited R v Bezan (2004) 147 A Crim R 430; [2004] NSWCCA 342, considered R v Calis [2013] QCA 165, considered R v Demaria [2008] VSCA 105, considered R v Jain [2004] VSCA 30,…
Mohlasedi v R [2006] WASCA 267
Citation 27 (Para 1)

…n Mohlasedi v The Queen [53] with the sentences earlier discussed by her Honour. [49] Hili at [53]. [50]At [54]. [51]At [303]-[305]. [52]At [52]. [53][2006] WASCA 267.…

Legislation Cited

Crimes Act 1914 (Cth) 16A
2 mentions (from Para 1)
Customs Act 1901 (Cth)
1 mention (from Para 1)

CITATION:	R v Agboti [2014] QCA 280
PARTIES:	R v AGBOTI, Jacqueline Obianuju (applicant)
FILE NOS:	CA No 67 of 2014 SC No 433 of 2013
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	7 November 2014
DELIVERED AT:	Brisbane
HEARING DATE:	21 July 2014
JUDGES:	Muir and Morrison JJA and Peter Lyons J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	The application for leave to adduce further evidence is refused.1. The application for an extension of time to apply for leave to appeal against sentence is granted.2. Appeal allowed.3. Set aside the sentence and substitute a sentence of nine years and six months imprisonment, with a non-parole period fixed at four years and six months.4.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of importing a commercial quantity of a border controlled drug, methamphetamine – where the applicant was sentenced to 11 years imprisonment, with a non-parole period of five years and six months – where in the months leading up to the offence, the applicant had been disowned by her father, commenced using drugs, fallen pregnant, and undergone an abortion, leaving the applicant in a fragile state of mind – where the applicant was 23 years old at the time of the offence – where the applicant had no criminal history – where the cost of travel was the only reward the applicant was to receive for her offending – where the applicant applied for an extension of time in which to appeal against the sentence – whether the sentence imposed was manifestly excessive Crimes Act 1914 (Cth), s 16A, s 16G Criminal Code 1899 (Qld), s 671 Criminal Code 1995 (Cth), s 314.4(1) Bugmy v The Queen (1990) 169 CLR 525; [1990] HCA 18, cited Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; (2010) 243 FLR 28; [2010] NSWCCA 194, considered Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, followed Johnson v The Queen (2002) 26 WAR 336; [2002] WASCA 102, considered Lau v The Queen [2011] VSCA 324, considered Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited Ng v The Queen [2010] NSWCCA 232, considered Power v The Queen (1974) 131 CLR 623; [1974] HCA 26, cited R v Bezan (2004) 147 A Crim R 430; [2004] NSWCCA 342, considered R v Calis[2013] QCA 165, considered R v Demaria [2008] VSCA 105, considered R v Jain [2004] VSCA 30, considered R v Jimson[2009] QCA 183, considered R v Kaldor (2004) 150 A Crim R 271; [2004] NSWCCA 425, considered R…