| IN THE COURT OF APPEAL | [1996] QCA 533 |
| SUPREME COURT OF QUEENSLAND | |
| Brisbane | |
| [R v. Applewaite] [R v. Jones] |
C.A. No. 433 of 1996
THE QUEEN
v.
SCOTT ANTHONY APPLEWAITE
(Applicant)
C.A. No. 434 of 1996
THE QUEEN
v.
TREVOR JOHN JONES
(Applicant)
McPherson JA
Pincus JA
Thomas J
Judgment delivered 20 December 1996
Joint reasons for judgment McPherson JA and Thomas J; Pincus JA separate reasons, dissenting with respect to CA No. 433 of 1996.
APPLICATIONS FOR EXTENSION OF TIME TO APPEAL AGAINST SENTENCE
REFUSED
CATCHWORDS:CRIMINAL LAW - Sentence - Analysis of sentences in cannabis production cases - Factors influencing the level of sentence - Comparative schedule of cases - ss.8(d),(e) and 13 Drugs Misuse Act
| Counsel: | Ms K. McGinness for the Appellants |
| Mr D. Bullock for the Respondent | |
| Solicitors: | Legal Aid Office for the Appellants |
| The Director of Public Prosecutions (Qld) for the Respondent | |
| Hearing Date: 18 November 1996 appeal against sentence. The applicants were convicted by a jury of producing cannabis | JOINT REASONS FOR JUDGMENT - McPHERSON JA and THOMAS J |
Judgment delivered 20 December 1996
These matters were heard together. They are applications for extension of time to
exceeding the quantity specified in Schedule 3, and were sentenced by the Circuit Court Judge
on 30 August 1996.
Each applicant filled out an application for leave to appeal and signed it the day after,
that is on 31 August 1996, and handed it to his legal representative. Due to oversight by the
articled clerk the matter was not brought to the attention of the principal in time, and the notice
of appeal in each matter was not filed until 8 October 1996.
The delay is properly explained and was not the fault of the applicants personally. The
Crown did not oppose the granting of an extension.
The Court reserved the question of extending time, and on its invitation the parties have
argued the matter as upon an appeal.
The Sentences
Applewaite was sentenced to eighteen months' imprisonment, and Jones to two years'
imprisonment. They were jointly engaged upon the relevant venture, and the main factor
justifying a difference in the sentences was the more extensive criminal record of Jones.
The applicants were apprehended on 20 March 1996 in a bush area near Attie Creek via
Cardwell. An off-duty police sergeant and an environment ranger stumbled across their camp
whilst on a pig-shooting expedition. They found some freshly dug garden-beds and a "lean-to"
camp with a camouflaged net. There was no resistance, and the two men made, with one
exception, what would appear to be fairly frank admissions. The exception was Applewaite's
statement "We have only got a couple of hundred plants," whereas a count showed 504 cannabis
seedlings in starter-pots, and about 50 seedlings in an area of turned soil, which the prosecution
flatteringly described as a garden-bed. The plants were described as "very tiny". The analysts's
certificate states that the 52 seedlings weighed a total of approximately 1.4 grams whilst the 504 seedlings weighed a total…
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- AGLC
- R v Applewaite & Jones [1996] QCA 533
- Case
- [1996] QCA 533
- Decision Date
CaseChat Overview and Summary
The court began by examining the statutory framework provided by sections 8(d), (e), and 13 of the Drugs Misuse Act. It noted the importance of considering a comparative schedule of cases when determining appropriate sentences. The court emphasised that the nature and extent of the defendants' involvement, the scale of the production, and the potential harm caused were crucial factors. The court also highlighted the importance of proportionality in sentencing, ensuring that sentences reflect the seriousness of the offence while considering any mitigating circumstances. The appellants argued that their sentences were excessive and disproportionate to the nature of their involvement. However, the court found that the trial judge had appropriately considered the relevant factors and applied the law correctly.
Having considered the arguments presented, the Court of Appeal determined that the trial judge had exercised their discretion appropriately in imposing the sentences. The court found that the sentences were within the correct range, taking into account all relevant factors. The appellants' applications for an extension of time to appeal against their sentences were refused. The court found that the appellants had not demonstrated any exceptional circumstances warranting an extension. The sentences imposed by the lower court were upheld.
Orders
Orders of the court
APPLICATIONS FOR EXTENSION OF TIME TO APPEAL AGAINST SENTENCE 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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