SUPREME COURT OF QUEENSLAND
CITATION:
R v Baker [2011] QCA 104
PARTIES:
R
v
BAKER, Travis John
(applicant/appellant)FILE NO/S:
CA No 9 of 2011
SC No 1446 of 2009
SC No 822 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
20 May 2011
DELIVERED AT:
Brisbane
HEARING DATE:
12 April 2011
JUDGES:
Margaret McMurdo P, Atkinson and Peter Lyons JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for an extension of time in which to file an application for leave to appeal against sentence granted and extended to 20 January 2011.
2. Application for leave to appeal against sentence granted.
3. Appeal against sentence allowed and the following sentence substituted:
(a) The appellant is required to serve the 14 months outstanding of the suspended sentence originally imposed on 10 July 2007;
(b) On the count of trafficking in the dangerous drug 3,4-Methylenedioxymethamphetamine the appellant is sentenced to three years imprisonment;
(c) On the count of possessing a dangerous drug, the appellant is sentenced to 12 months imprisonment;
(d) On the count of possessing a thing used in connection with trafficking in a dangerous drug, the appellant is sentenced to three months imprisonment;
(e) All sentences are to be served concurrently;
(f) The appellant’s parole release date is set at 14 October 2011.
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 trafficking in a dangerous drug, one count of possessing the drug and one count of possessing things used in connection with trafficking – where the offences were committed in breach of a suspended sentence – where the applicant was ordered to serve the 14 months outstanding of the suspended sentence cumulatively upon the sentence of two years and six months imprisonment imposed for the trafficking offence – where the total sentence was therefore three years and eight months imprisonment – where the applicant was a low-level street dealer and had no previous convictions for drug offences – whether the combination of the cumulative sentences imposed offended the totality principle – whether the parole eligibility date was set considering the whole of the sentence imposed and the factors in mitigation – whether the sentence imposed was manifestly excessive
Criminal Code 1899 (Qld), s 671
Penalties and Sentences Act 1992 (Qld), s 9(2), s 147, s 148, s 151A, s 155, s 156A, s 160, s 160A(1), s 160B, s 160C, s 160DAB v The Queen (1999) 198 CLR 111; [1999] HCA 46, cited
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, applied
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26, cited
Puschenjak v Wade[2002] QCA 190, cited
R v Challacombe[2009] QCA 314, considered
R v…
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- AGLC
- R v Baker [2011] QCA 104
- Case
- [2011] QCA 104
- Decision Date
CaseChat Overview and Summary
The legal issues in this case centred on whether the cumulative sentencing approach applied by the trial judge breached the totality principle. Additionally, the court had to determine if the parole eligibility date was set appropriately, considering the entire sentence and the mitigating factors. The appeal also challenged whether the sentence was manifestly excessive. The appeal hinged on the proportionality and appropriateness of the sentence given Baker’s low-level involvement in drug trafficking and lack of prior convictions.
The court found that the cumulative sentencing approach, while permissible, in this case resulted in a sentence that was manifestly excessive. The totality principle was not appropriately balanced against the cumulative sentences. The court also noted that the parole eligibility date did not adequately consider the entirety of the sentence and mitigating factors. Consequently, the appeal against the sentence was allowed, and a new sentence was substituted. The new sentence required Baker to serve the remaining 14 months of the suspended sentence concurrently with sentences of three years for trafficking, 12 months for possession, and three months for possessing items used in trafficking. The parole release date was set at 14 October 2011.
Orders
Orders of the court
1. Application for an extension of time in which to file an application for leave to appeal against sentence granted and extended to 20 January 2011.
2. Application for leave to appeal against sentence granted.
3. Appeal against sentence allowed and the following sentence substituted:
(a) The appellant is required to serve the 14 months outstanding of the suspended sentence originally imposed on 10 July 2007;
(b) On the count of trafficking in the dangerous drug 3,4-Methylenedioxymethamphetamine the appellant is sentenced to three years imprisonment;
(c) On the count of possessing a dangerous drug, the appellant is sentenced to 12 months imprisonment;
(d) On the count of possessing a thing used in connection with trafficking in a dangerous drug, the appellant is sentenced to three months imprisonment;
(e) All sentences are to be served concurrently;
(f) The appellant’s parole release date is set at 14 October 2011.
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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