R v Blumke

Case [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…

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Details
AGLC
R v Blumke [2015] QCA 264
Case
[2015] QCA 264
Decision Date

CaseChat Overview and Summary

The appellant, in the case of R v Blumke, appealed against the sentence imposed by the County Court of Victoria following his guilty plea to various drug-related offences. Blumke admitted to trafficking in dangerous drugs, including methylamphetamine, MDMA, cannabis, and pyrovalerone, as well as multiple counts of supplying methylamphetamine and pyrovalerone. The court sentenced Blumke to four years' imprisonment for the trafficking offence, suspended after one year with an operational period of four years, and 18 months' imprisonment on the supply counts, also suspended after one year with an operational period of four years. Blumke's appeal focused on the contention that the sentence was manifestly excessive or inadequate, particularly arguing that the sentencing judge should have imposed a wholly suspended sentence.

The primary legal issue for the court was to determine whether the sentencing judge erred in not imposing a wholly suspended sentence. Blumke's counsel argued that given the personal circumstances that led to his offending, and his positive transformation since his apprehension, a wholly suspended sentence was appropriate. The court had to balance the severity of the offences against the mitigating factors presented, including Blumke's age, the relatively short duration of the trafficking, and his efforts to turn his life around. The court also considered the impact of a wholly suspended sentence on the principles of deterrence and denunciation.

In assessing the appeal, the court considered the totality of Blumke's offending and the appropriate punishment for such crimes. The court acknowledged the personal circumstances that contributed to Blumke's offending but ultimately determined that the sentence imposed was commensurate with the seriousness of the offences. The court held that the sentencing judge had appropriately considered the mitigating factors and that the sentence, while lenient, was justified given the circumstances. The appeal was dismissed, and the application for leave to appeal against sentence was refused.

Orders

Orders of the court

The application for leave to appeal against sentence is 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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