R v Blumke

[2015] QCA 264

SUPREME COURT OF QUEENSLAND

CITATION:

R v Blumke [2015] QCA 264

PARTIES:

R
v
BLUMKE, James Andrew
(applicant)

FILE NO/S:

CA No 150 of 2015
SC No 233 of 2015

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Unreported, 12 June 2015

DELIVERED ON:

8 December 2015

DELIVERED AT:

Brisbane

HEARING DATE:

23 November 2015

JUDGES:

Margaret McMurdo P and Philippides JA and Jackson J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

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 one count of trafficking in the dangerous drugs methylamphetamine, MDMA, cannabis and pyrovalerone, five counts of supplying the dangerous drug methylamphetamine and one count of supplying the dangerous drug pyrovalerone – where the applicant was sentenced to four years’ imprisonment on the trafficking count and 18 months’ imprisonment on the supply counts, suspended after one year with an operational period of four years – where the applicant’s trafficking was for approximately 10 weeks and involved multiple transactions and multiple drugs, primarily at street level – where the applicant was 27 at the time of the offences and 29 at sentence and had four minor drug offences in his criminal history – where the sentencing judge accepted that the applicant’s offending flowed from the personal circumstances in his life – where the sentencing judge accepted that, since being apprehended, the applicant had turned his life around – whether the sentencing judge erred in not imposing a term of imprisonment that was wholly suspended

R v Baker[2011] QCA 104, considered
R v Casagrande[2009] QCA 1, considered
R v Dowel; Ex parte Attorney-General (Qld) [2013] QCA 8, considered
R v Engellenner[2012] QCA 6, considered
R v Mullins[2007] QCA 418, considered

COUNSEL:

D Crews for the applicant
B J Merrin for the respondent

SOLICITORS:

Fowler Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. MARGARET McMURDO P:  I agree with Philippides JA’s reasons for refusing this application for leave to appeal against sentence.

2. PHILIPPIDES JA:  The applicant was convicted on 12 June 2015, on his own plea, of one count of trafficking in the dangerous drugs methylamphetamine, 3,4‑methylenedioxymethamphetamine (MDMA), cannabis and pyrovalerone between 12 July 2012 and 24 September 2012 (count 1), five counts of supplying the dangerous drug methylamphetamine (counts 2 - 4, 6 and 7) and one count of supplying the dangerous drug pyrovalerone (count 5).  The applicant was sentenced to four years’ imprisonment on the trafficking count and 18 months’ imprisonment on the supply counts.  The sentences were imposed concurrently and suspended after one year with an operational period of four years.  A Serious Drug Offence Certificate was issued in relation to count 1.

3. The applicant seeks leave to appeal against…