R v Barton

[2006] QCA 367

SUPREME COURT OF QUEENSLAND

CITATION:

R v Barton [2006] QCA 367

PARTIES:

R
v
BARTON, Kellie Marie
(applicant/appellant)

FILE NO/S:

CA No 25 of 2006
SC No 473 of 2005
SC No 855 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

22 September 2006

DELIVERED AT:

Brisbane

HEARING DATE:

2 August 2006

JUDGES:

McMurdo P, Jerrard JA and Mullins J
Separate reasons for judgment of each member of the Court, McMurdo P and Jerrard JA concurring as to the orders made, Mullins J dissenting

ORDER:

1.    Application for leave to appeal against sentence
      granted
2.    Appeal allowed to the limited extent of recommending       that the applicant be eligible for parole after serving       18 months imprisonment instead of two years and       three months

CATCHWORDS:

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN GRANTED - GENERALLY - where applicant pleaded guilty to trafficking and supplying a dangerous drug and possessing things used in connection with producing dangerous drugs - where applicant's effective total sentence was seven years imprisonment with eligibility for parole after two years and three months - where applicant was previously drug-addicted but reports and references indicate that her efforts at rehabilitation have been successful - whether recommendation for parole eligibility after two years and three months adequately reflected many of the significant mitigating features of this case - whether the sentence was manifestly excessive in all the circumstances

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - FRESH EVIDENCE - GENERAL PRINCIPLES - where this Court was asked to consider new evidence in the form of a psychiatric report attesting to the extent of the applicant's drug addiction - whether this report should be admitted on appeal to avoid a miscarriage of justice

R v Maniadis [1997] 1 Qd R 593, applied

R v Postic [2004] QCA 301; CA No 151 of 2004, 19 August 2004, distinguished

Ratten v The Queen (1974) 131 CLR 510, cited

COUNSEL:

A J Glynn SC for applicant/appellant
R G Martin SC for respondent

SOLICITORS:

Robertson O'Gorman for applicant/appellant
Director of Public Prosecutions (Queensland) for respondent

1. McMURDO P:  The applicant, Kellie Marie Barton, pleaded guilty in the Supreme Court at Brisbane on 6 January 2006 to an indictment containing one count of trafficking in methylamphetamine (count 1), seven counts of supplying methylamphetamine (counts 2 to 8) and one count of possession of pseudoephedrine for use in connection with the commission of the crime of producing dangerous drugs (count 9).  She also pleaded guilty to three summary offences.  She was sentenced to seven years imprisonment for the trafficking (count 1) and to no further punishment for the counts of supply (counts 2 - 8), which were particulars of the offence of trafficking.  She was sentenced to a concurrent term…