SUPREME COURT OF QUEENSLAND
CITATION:
R v Bosnjak [2007] QCA 325
PARTIES:
R
v
BOSNJAK, Oliver Peter
(applicant/appellant)FILE NO/S:
CA No 90 of 2007
SC No 493 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED EX TEMPORE ON:
4 October 2007DELIVERED AT:
Brisbane
HEARING DATE:
4 October 2007
JUDGES:
Keane and Holmes JJA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Leave to appeal against sentence granted
2. Appeal allowed to the extent of adding a date for eligibility for parole after three and a half years: taking into account the 72 days pre-sentence custody, on 10 July 2010CATCHWORDS:
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 – PARTICULAR OFFENCES – OTHER OFFENCES – where the applicant was convicted and sentenced to nine years imprisonment on one count of trafficking in a dangerous drug; convicted, but not punished, on one count of supplying a dangerous drug; sentenced to 12 months imprisonment on two of the possessing a dangerous drug counts and two years on the third possession count; and sentenced to five years imprisonment in respect of possessing property obtained from supplying a dangerous drug – where all sentences were ordered to be served concurrently – whether the sentence was manifestly excessive given the applicant’s demonstrated rehabilitation
R v Raciti [2004] QCA 359; CA No 229 of 2004, 29 September 2004, considered
R v Rizk[2004] QCA 382; CA No 224 of 2004, 15 October 2004, considered
R v Donnelly and Corbic[2007] QCA 77; CA No 207 & 219 of 2006, 16 March 2007, considered
R v Bradforth[2003] QCA 183; CA No 423 of 2002, 9 May 2003, consideredCOUNSEL:
S T Courtney for the applicant
T A Fuller for the respondentSOLICITORS:
Noel Woodall & Associates for the applicant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: The applicant for leave to appeal against sentence was convicted after a trial of one count of trafficking in a dangerous drug, one count of supplying a dangerous drug, three counts of possessing a dangerous drug and one count of possessing property obtained from supplying a dangerous drug. He was sentenced to nine years imprisonment on the trafficking count; convicted but not punished on the supply count; sentenced to twelve months imprisonment on two of the possession counts and two years on the third; and was sentenced to five years imprisonment in respect of possessing property obtained from supplying a dangerous drug. All sentences were ordered to be served concurrently.
The trafficking charge was unusual in that the offence (as well as the others) was said to have been committed on a single day, 7th of June 2002. Surveillance was being conducted on one…
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- AGLC
- R v Bosnjak [2007] QCA 325
- Case
- [2007] QCA 325
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed was manifestly excessive, taking into account the applicant's demonstrated rehabilitation. The court was required to assess the totality of the sentence, considering both the nature of the offences and the applicant's personal circumstances, including their efforts towards rehabilitation. The court also needed to determine whether the sentence could be reduced in a way that would still reflect the seriousness of the offences while aligning with the principles of justice and proportionality.
The court found that while the sentence was severe, it was not manifestly excessive. However, the court did consider that the applicant's demonstrated rehabilitation should be taken into account. The court acknowledged that the applicant had taken significant steps towards rehabilitation and had shown a genuine commitment to changing their life. Therefore, the court decided to allow the appeal in part by adding a date for eligibility for parole after three and a half years. This adjustment took into account the 72 days of pre-sentence custody the applicant had already served, resulting in a new parole eligibility date of 10 July 2010. This decision reflected a balance between the need to punish the applicant for their crimes and the recognition of their efforts towards rehabilitation.
Orders
Orders of the court
1. Leave to appeal against sentence granted
2. Appeal allowed to the extent of adding a date for eligibility for parole after three and a half years: taking into account the 72 days pre-sentence custody, on 10 July 2010
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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