SUPREME COURT OF QUEENSLAND
CITATION:
R v Ajelara [2015] QCA 56
PARTIES:
R
v
AJELARA, Nosiru Iyanda
(applicant)FILE NO/S:
CA No 168 of 2014
SC No 630 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at BrisbaneDELIVERED ON:
17 April 2015
DELIVERED AT:
Brisbane
HEARING DATE:
8 April 2015
JUDGES:
Holmes JA and Atkinson and Applegarth JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
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 pleaded guilty to an attempt to possess a marketable quantity of an unlawfully imported border controlled drug – where a package containing methamphetamine was intercepted by customs – where the applicant collected the package during a controlled operation by the police – where the applicant has a prior conviction for a serious drug offence – where the applicant’s family would suffer hardship due to his imprisonment – where the applicant was sentenced to five years’ imprisonment with a non-parole period of two and a half years – whether the sentence was manifestly excessive
Crimes Act 1914 (Cth), s 16A(2)(p)
Criminal Code (Cth), s 11.1, s 307.6(1)Omorogbe v R (2013) 234 A Crim R 556; [2013] NSWCCA 201, considered
R v Calis[2013] QCA 165, cited
R v Huston; ex parte Cth DPP; R v Fox; ex parte Cth DPP; R v Henke; ex parte Cth DPP (2011) 219 A Crim R 209; [2011] QCA 350, cited
R v Oprea[2009] QCA 184, cited
R v Taru [2002] NSWCCA 391, cited
R v Zerafa [2013] NSWCCA 222, citedCOUNSEL:
The applicant appeared on his own behalf
N V Weston for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Commonwealth) for the respondent
HOLMES JA: I agree with the reasons of Applegarth J and the order he proposes.
ATKINSON J: I have read the reasons of Applegarth J. I agree that, for those reasons, the application should be refused.
APPLEGARTH J: The applicant pleaded guilty to a charge that on 3 April 2013 he attempted to possess a marketable quantity of an unlawfully imported border controlled drug, namely methamphetamine. On 11 June 2014 he was sentenced to five years’ imprisonment, with a non-parole period of two and a half years. He applies for leave to appeal against the sentence on the ground that it was, in the circumstances, manifestly excessive.
The offence
On 23 March 2013 a package that had been sent from India was intercepted by customs officers in Sydney. The package was addressed to a Daniel Wilson of 5 Augustus Street, Corinda, Queensland, and there was a mobile telephone number given as his contact number. The package contained a metal cog, and inside the cog was methamphetamine powder…
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- AGLC
- R v Ajelara [2015] QCA 56
- Case
- [2015] QCA 56
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the sentence was manifestly excessive, considering the totality of the circumstances, including the applicant's plea of guilty, his prior conviction for a serious drug offence, and the potential hardship his family would face due to his imprisonment. The court examined the principles of sentencing and the factors that must be taken into account in assessing the severity of a sentence. It considered the role of the court in reviewing the sentence and the appropriate standard of review in such cases.
After careful consideration, the court concluded that the sentence imposed on the applicant was not manifestly excessive. The court found that the sentence reflected the seriousness of the offence and took into account the relevant mitigating factors. The court held that the sentence was within the range of sentences that a properly directed sentencing judge could have imposed. As a result, the application for leave to appeal against sentence was refused.
The court did not make any further orders beyond the refusal of the application for leave to appeal against sentence. The applicant's sentence of five years' imprisonment with a non-parole period of two and a half years remains in effect.
Orders
Orders of the court
The application for leave to appeal against sentence is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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