R v Brienza

[2010] QCA 15

SUPREME COURT OF QUEENSLAND

CITATION:

R v Brienza [2010] QCA 15

PARTIES:

R
v
BRIENZA, Nicholas Charles
(applicant)

FILE NO/S:

CA No 181 of 2009
SC No 268 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

12 February 2010

DELIVERED AT:

Brisbane

HEARING DATE:

4 February 2010

JUDGES:

Chief Justice and Keane and Chesterman JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted on guilty plea of trafficking in the dangerous drug cannabis sativa – where applicant sentenced to six years imprisonment with parole eligibility after two years – where applicant had no relevant criminal history – where applicant was not a user of cannabis – where applicant was a wholesaler in an organised trafficking operation with co-offenders – where applicant was supplied with 70 pounds of cannabis in 12 transactions – where applicant ceased involvement with trafficking operation before police closed it down – whether sentence manifestly excessive

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS – where one
co-offender who organised supply of 200 pounds of cannabis was sentenced to seven and a half years with parole eligibility after two and half years – where another co-offender who couriered 70 pounds of cannabis was sentenced to four and a half years with parole eligibility after one and half years – whether applicant's sentence accords with the need for parity of sentencing between co-offenders

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, followed
R v Dwyer [2008] QCA 117, considered
R v Nagy [2004] 1 Qd R 63; [2003] QCA 175, considered
R v Wallace [2008] QCA 135, considered

COUNSEL:

S J Hamlyn-Harris for the applicant
G Cummings for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions for the respondent

1. CHIEF JUSTICE:  I have had the advantage of reading the reasons for judgment of Keane JA.  I agree that the application for leave to appeal against sentence should be refused, for those reasons.

1. KEANE JA:  On 6 July 2009 the applicant was convicted on his own plea of trafficking in the dangerous drug cannabis sativa between 15 January 2007 and 6 December 2007.  He was sentenced to six years imprisonment with parole eligibility after one-third of the sentence has been served in custody, ie on 6 July 2011.

1. The applicant seeks leave to appeal against his sentence on the ground that it is manifestly excessive.  By way of elaboration of this ground, and perhaps as a separate ground, it is submitted on the applicant's behalf that the sentence imposed on him does not accord with the need for parity with the sentences…