IN THE COURT OF APPEAL [1994] QCA 433
| SUPREME COURT OF QUEENSLAND | C.A. No. 226 of 1994 C.A. No. 258 of 1994 C.A. No. 257 of 1994 C.A. No. 259 of 1994 |
| Brisbane | |
| BeforeFitzgerald P. Davies J.A. Cullinane J. |
[R. v. Allingham, Lansdowne, Marshall and Booth]
T H E Q U E E N
v.
RUPERT GEORGE ALLINGHAM
(Applicant)
PAUL JEFFREY LANSDOWNE GARY REX JOHN MARSHALL
GARRY BOOTH
(Respondents)
DIRECTOR OF PUBLIC PROSECUTIONS
(Appellant/Respondent)
REASONS FOR JUDGMENT - FITZGERALD P. AND DAVIES J.A.
Judgment delivered 27/10/1994
The material circumstances in these proceedings, which were
heard together, are set out in the reasons for judgment of
Cullinane J. and need not be repeated.
All four sentences seem to us low, but they were imposed by two
very experienced Trial Division Judges.
To some extent at least, what occurred appears to have been influenced by the sequence of events. Allingham was the first
of the four sentenced, although another participant in the criminal activity, Sandra Lee Steele, had been sentenced earlier. She was treated leniently, which might well have been correct because of her personal circumstances, but her treatment seems to have influenced the attitude adopted by the prosecution in relation to Allingham after he was convicted. In this Court,
the prosecution accepted that the range for Allingham was 18
months to 3 years imprisonment and that the sentence imposed avoided any disparity with Ms. Steele and was otherwise appropriate. This seems also to have been the position which the prosecution adopted before the sentencing judge.
In these circumstances, the prosecution's suggested range in
relation to Booth is untenable, and to maintain parity between Allingham and Booth the prosecution's appeal against Booth's
sentence must fail.
Likewise, Allingham's application for leave to appeal, which is
totally without basis except insofar as some disparity can be
pointed to, cannot rely upon a disparity between Allingham and
Booth.
Before considering Allingham further, it is appropriate to
consider Marshall, the driver of the truck which transported the container in which the drugs were imported, and Lansdowne, the driver of the accompanying vehicle.
As Cullinane J. points out, Marshall and Lansdowne were
acquitted of being knowingly concerned in the importation of a prohibited import but convicted of possession of a prohibited
import. The trial judge sentenced them on the basis of what he considered to be the extent of their involvement. In order to understand, and consider the correctness of his view, it is necessary to analyse the basis on which he had instructed the jury.
It is unnecessary to consider much of what he said about
possession. For present purposes, the material element of the
charge on which Marshall and Lansdowne was convicted concerned their knowledge. The "real question" in relation to Marshall,
his Honour told the jury, "is whether he knew he was carrying
cannabis". A little later, he continued:
"... . There is no need for an accused to know that the
drug was imported ... . There is a provision in the Act…
Continue reading R v Allingham, Landsdowne, Marshall and Booth
Sign in free to access the full text
- AGLC
- R v Allingham, Landsdowne, Marshall and Booth [1994] QCA 433
- Case
- [1994] QCA 433
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the sentences imposed by the trial judge were appropriate, taking into account the circumstances of the case and the fact that Allingham was the primary offender. The Court noted that the prosecution had accepted that Allingham's sentence was appropriate, and that there was no basis for finding disparity between Allingham and Booth's sentences. The Court also found that Lansdowne and Marshall's sentences were appropriate, as the trial judge had based his sentencing on the assumption that their involvement was lesser than that of Allingham. The Court held that it was within the trial judge's discretion to make this assumption, and that the appeals against Lansdowne and Marshall's sentences should be dismissed.
The Court of Appeal dismissed the Crown's appeal against Lansdowne and Marshall's sentences, and Allingham's and Booth's applications for leave to appeal. The Court held that the sentences imposed by the trial judge were appropriate and that there was no disparity in sentencing between the defendants. The Court further held that it was within the trial judge's discretion to assume that Lansdowne and Marshall's involvement was lesser than that of Allingham, and that the appeals should be dismissed.
Orders
Orders of the court
Full text does not contain this section.
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.