SUPREME COURT OF QUEENSLAND
CITATION:
R v Briggs [2012] QCA 291
PARTIES:
R
v
BRIGGS, James Daniel
(applicant)FILE NO/S:
CA No 139 of 2012
SC No 24 of 2011DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Mackay
DELIVERED ON:
26 October 2012
DELIVERED AT:
Brisbane
HEARING DATE:
23 October 2012
JUDGES:
Margaret McMurdo P and Fraser and White JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
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 applicant pleaded guilty to trafficking in the dangerous drug methylamphetamine over a 38 week period – where he had 15 clients made up of his friends and associates – where he was 43 years old at the time of offending with an extensive and varied criminal and traffic history – where the trafficking was to subsidise his business and support his own drug use and not exclusively for commercial gain – where he was sentenced to eight years imprisonment with a fixed parole eligibility date after serving one-third of the sentence – whether the sentence was manifestly excessive
R v Coleman[2006] QCA 442, cited
R v Ikin [2007] QCA 224, cited
R v Johnson [2007] QCA 433, cited
R v Rickert, unreported, North J, Supreme Court of Queensland, 17 July 2012, distinguished
R v Twaddle [2002] QCA 188, cited
R v Ungvari [2010] QCA 134, citedCOUNSEL:
The applicant appeared on his own behalf
D R Kinsella for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant, James Briggs, pleaded guilty on 19 March 2012 to trafficking in the dangerous drug methylamphetamine between 31 January and 23 October 2008 at Mackay. He was sentenced to eight years imprisonment with his parole eligibility date fixed at 19 November 2014, that is, after serving one-third of his sentence. He has applied for leave to appeal against his sentence contending that it is manifestly excessive.
He was 43 at the time of the offending and 47 at sentence. He has an extensive and infinitely varied criminal history commencing in 1984 when he was fined for stealing. It includes numerous convictions for dishonesty. In 1987, he was sentenced to six months imprisonment and three years probation for three charges of break, enter and steal; stealing, unlawful use of a motor vehicle and receiving. He was first convicted of drug related offences in 1993. In 1999 he was fined for possessing dangerous drugs and utensils or pipes used in connection with dangerous drugs. He had two further drug related convictions in 2000. More significantly, in 2001 he was sentenced to 18 months imprisonment suspended after six months with a two year operational period for two counts of…
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- AGLC
- R v Briggs [2012] QCA 291
- Case
- [2012] QCA 291
- Decision Date
CaseChat Overview and Summary
The court considered the totality of Briggs's criminal history, the seriousness of the offence, and the need for general deterrence. It was noted that while the trafficking was not exclusively for commercial gain, it was still a significant criminal activity that had an impact on the community. The court found that the sentence was not manifestly excessive as it reflected the seriousness of the offence and took into account the mitigating factors. The court was also mindful of the need for general deterrence given the harmful effects of drug trafficking.
In conclusion, the application for leave to appeal against sentence was refused. The court found that the sentence was appropriate given the circumstances of the case and did not represent a manifest excess. The court upheld the sentence imposed by the lower court, confirming that it was within the appropriate range for the offence committed.
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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