SUPREME COURT OF QUEENSLAND
CITATION:
R v Bobonica & Runcan [2009] QCA 287
PARTIES:
R
v
BOBONICA, Marcel
(applicant)R
v
RUNCAN, Ioan John
(applicant)FILE NO/S:
CA No 97 of 2009
CA No 108 of 2009
SC No 483 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
25 September 2009
DELIVERED AT:
Brisbane
HEARING DATE:
17 September 2009
JUDGES:
McMurdo P, Muir JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
In Appeal No 97 of 2009
1. Application for leave to appeal allowed.
2. Appeal allowed but only to the extent that the sentences imposed for counts 3 to 8 inclusive be set aside and that no further punishment be imposed.
In Appeal No 108 of 2009
1. Application for leave to appeal allowed.
2. Appeal allowed but only to the extent that –
(i) a sentence of nine years imprisonment be substituted for the sentence of 11 years imposed at first instance;
(ii) the sentences imposed for counts 3 to 11 inclusive be set aside and that no further punishment be imposed;
3. Declare that the applicant has been convicted of a serious violent offence under section 161B of the Penalties and Sentences Act 1992 (Qld).
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant charged with one count of trafficking, six counts of supplying a dangerous drug and one count of possessing a thing used in connection with trafficking – where applicant pleaded guilty and was sentenced to a head sentence of nine years imprisonment for the trafficking offence and to other lesser sentences – where other members of the same drug distribution network captured in the same undercover operation sentenced to head sentences of eight years imprisonment and six and a half years imprisonment – where applicant submitted there was little, if anything to distinguish the conduct of these members from his offending conduct – whether sentence manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS – where applicant charged with one count of trafficking and nine counts of supplying a dangerous drug – where applicant pleaded guilty and received a head sentence of 11 years imprisonment for the trafficking offence and various other concurrent sentences – where 11 year term of imprisonment was ordered to be served cumulatively upon remainder of earlier terms of imprisonment – whether lack of parity between applicant’s sentence and that of his co-offender – whether primary judge had sufficient regard to the totality principle
Criminal Code 1899 (Qld), s 16
Penalties and Sentences Act 1992 (Qld), s 156A, s 161B, Part 9AMill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited
R v Bradforth [2003] QCA 183, considered
R v Burgess[1997] QCA…
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- AGLC
- R v Bobonica & Runcan [2009] QCA 287
- Case
- [2009] QCA 287
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the sentences imposed were manifestly excessive or inadequate. This involved examining the principle of parity between co-offenders and the totality principle, which requires that the sentence imposed on an offender must be proportionate to the gravity of the offence and the offender’s role in it. The court needed to consider whether the primary judge had sufficiently taken into account the totality of the offending, the relative roles of the co-offenders, and whether there was a lack of parity between the sentences imposed on the applicants and their co-offenders.
The court found that the sentences imposed on the applicants were manifestly excessive. The court held that there was little, if anything, to distinguish the conduct of the applicants from their co-offenders, who had been sentenced to lesser terms of imprisonment. The court found that the primary judge had not adequately considered the principle of parity between co-offenders and had not given sufficient regard to the totality principle. As a result, the court allowed the appeals, setting aside the sentences for certain counts and substituting a reduced sentence for one of the applicants. The court also declared that the applicants had been convicted of a serious violent offence under the Penalties and Sentences Act 1992 (Qld).
Orders
Orders of the court
In Appeal No 97 of 2009
1. Application for leave to appeal allowed.
2. Appeal allowed but only to the extent that the sentences imposed for counts 3 to 8 inclusive be set aside and that no further punishment be imposed.
In Appeal No 108 of 2009
1. Application for leave to appeal allowed.
2. Appeal allowed but only to the extent that –
(i) a sentence of nine years imprisonment be substituted for the sentence of 11 years imposed at first instance;
(ii) the sentences imposed for counts 3 to 11 inclusive be set aside and that no further punishment be imposed;
3. Declare that the applicant has been convicted of a serious violent offence under section 161B of the Penalties and Sentences Act 1992 (Qld).
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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