R v Brown - [2009] QCA 359

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 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED 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 made

ORDERS:

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 159A

Pearce 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, considered

COUNSEL:

S Di Carlo (pro bono) for the applicant
M B Lehane for the respondent

SOLICITORS:

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Brown

Details

AGLC: R v Brown [2009] QCA 359
Case: [2009] QCA 359
Decision Date: 24 November 2009

CaseChat Overview and Summary

The case of R v Brown involved an appeal against the sentence of the applicant, Laurence Charles Brown, who had been convicted of trafficking in a dangerous drug and seven counts of supplying a dangerous drug. The applicant was sentenced to eight years imprisonment, with an eligibility for parole set for 30 June 2010. The applicant sought leave to appeal against the sentence on the grounds that it was manifestly excessive in all the circumstances, along with several additional matters. The central legal issue for the court was whether the sentence was manifestly excessive.

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

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Ratio Decidendi

Legal Principle Established

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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 2008
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED 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 made
ORDERS:	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 159A Pearce 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, considered
COUNSEL:	S Di Carlo (pro bono) for the applicant M B Lehane for the respondent
SOLICITORS:	No appearance for the applicant Director of Public Prosecutions (Queensland) for the respondent