SUPREME COURT OF QUEENSLAND
CITATION:
R v Brown [2009] QCA 359
PARTIES:
R
v
BROWN, Laurence Charles
(applicant)FILE NO/S:
CA No 320 of 2008
SC No 374 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at BrisbaneDELIVERED ON:
24 November 2009
DELIVERED AT:
Brisbane
HEARING DATE:
30 September 2009
JUDGES:
Fraser JA, Cullinane J and P Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave to appeal against sentence dismissed
2. Leave for the applicant to rely upon the affidavits of Laurence Charles Brown sworn 4 September 2009 and Patricia Anne Brown sworn 9 September 2009 is refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant convicted of one count of trafficking in a dangerous drug and seven counts of supplying a dangerous drug – where applicant sentenced to eight years imprisonment – where applicant eligible for parole fixed at 30 June 2010 – where applicant applies for leave to appeal against sentence on the grounds that the sentence is manifestly excessive in all the circumstances – where applicant seeks leave to appeal based upon a number of additional matters – where time served for other offences with common elements – whether sentence is manifestly excessive
Criminal Code 1899 (Qld), s 651
Penalties and Sentences Act 1992 (Qld), s 159APearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, considered
R v Assurson (2007) 174 A Crim R 78; [2007] QCA 273, distinguished
R v Bellino (1999) 105 A Crim R 137; [1999] QCA 106, distinguished
R v Elizalde [2006] QCA 330, distinguished
R v Flew [2008] QCA 290, considered
R v Manning [2007] QCA 145, distinguished
R v Taylor [2006] QCA 459, distinguished
R v Webber (2000) 114 A Crim R 381; [2000] QCA 316, consideredCOUNSEL:
S Di Carlo (pro bono) for the applicant
M B Lehane for the respondentSOLICITORS:
No appearance for the applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of P Lyons J and the orders proposed by his Honour.
CULLINANE J: I have read the reasons of P Lyons J in this matter. I agree with those reasons and the orders proposed.
P LYONS J: On 31 October 2008, the applicant pleaded guilty to one charge of carrying on a business of trafficking in dangerous drugs, and seven charges of supplying those drugs. In respect of the trafficking count, he was sentenced to a term of imprisonment of eight years. His parole eligibility date was fixed at 30 June 2010. A declaration was made under s 159A of the Penalties and Sentences Act relating to 357 days spent in pre-sentence custody. The result was that the parole eligibility date was slightly less…
Continue reading R v Brown
Sign in free to access the full text
- AGLC
- R v Brown [2009] QCA 359
- Case
- [2009] QCA 359
- Decision Date
CaseChat Overview and Summary
The court considered the various grounds presented by the applicant, including the time served for other offences with common elements. The court assessed the severity of the sentence in relation to the crimes committed and the circumstances surrounding the case. The court held that the sentence was not manifestly excessive, taking into account the nature and extent of the applicant’s involvement in the drug offences, as well as the overall impact of his criminal activities. The court emphasised that the sentencing judge had considered various relevant factors and exercised their discretion appropriately.
Consequently, the court dismissed the application for leave to appeal against the sentence. The court also refused leave for the applicant to rely upon the affidavits of Laurence Charles Brown and Patricia Anne Brown in support of the application. The court's decision was based on a comprehensive review of the sentencing process and the evidence presented, confirming that the sentence was within the appropriate range for the crimes committed.
Orders
Orders of the court
1. Application for leave to appeal against sentence dismissed
2. Leave for the applicant to rely upon the affidavits of Laurence Charles Brown sworn 4 September 2009 and Patricia Anne Brown sworn 9 September 2009 is refused
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.