SUPREME COURT OF QUEENSLAND
CITATION:
R v Cameron [2014] QCA 55
PARTIES:
R
v
CAMERON, Bradley James
(applicant)FILE NOS:
CA No 230 of 2013
SC No 5 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Maryborough
DELIVERED ON:
28 March 2014
DELIVERED AT:
Brisbane
HEARING DATE:
19 February 2014
JUDGES:
Holmes and Muir JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for leave to appeal is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of unlawfully trafficking in dangerous drugs: cocaine, 3,4-methylenedioxymethamphetamine (ecstasy), amphetamine, cannabis and growth hormone – where the trafficking period spanned four weeks – where the applicant was a high level wholesale trafficker – where the sentence imposed was eight and a half years imprisonment with a parole eligibility date set at two years and 10 months – where the applicant contended that his mitigating factors should have attracted an earlier eligibility date – whether the sentence was manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS – where the applicant pleaded guilty to one count of unlawfully trafficking in dangerous drugs: cocaine, 3,4‑methylenedioxymethamphetamine (ecstasy), amphetamine, cannabis and growth hormone – where the sentencing judge reviewed the sentences of three other offenders involved in the cocaine trafficking enterprise – where the applicant’s substantial business was in trading methamphetamines – where the applicant and the three other offenders had varying levels of culpability and mitigating circumstances – whether the applicant’s sentence lacks parity with sentences imposed on other offenders
R v Assurson (2007) 174 A Crim R 78; [2007] QCA 273, considered
R v Bradforth[2003] QCA 183, considered
R v Feakes[2009] QCA 376, consideredCOUNSEL:
M J Byrne QC for the applicant
P J McCarthy for the respondentSOLICITORS:
A W Bale and Son for the applicant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: The applicant pleaded guilty to one count of unlawfully trafficking, between 11 November 2009 and 10 December 2009, in dangerous drugs – cocaine, 3,4-methylenedioxymethamphetamine (ecstasy), amphetamine, cannabis and growth hormone – and was sentenced to eight and a half years of imprisonment. A parole eligibility date was set two years and 10 months into that sentence and a period of 56 days spent in pre-sentence custody was declared as imprisonment already served. The applicant seeks leave to appeal against that sentence on the grounds that it is manifestly excessive and lacks parity with sentences imposed on other offenders engaged in the cocaine trafficking enterprise.
The trafficking offence
According to a statement of facts tendered on sentence, the applicant’s telephone calls were (lawfully) intercepted during the trafficking period. During that period, he supplied drugs, primarily amphetamines at $3,100…
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- AGLC
- R v Cameron [2014] QCA 55
- Case
- [2014] QCA 55
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the sentence was manifestly excessive or inadequate, and whether there was a lack of parity between the sentences of Cameron and the co-offenders. In considering the appeal, the court had to weigh Cameron's mitigating factors against the gravity of the offence and the need for deterrence and denunciation. The court also had to assess the proportionality of Cameron's sentence relative to the sentences of the other offenders, taking into account their respective levels of culpability and mitigating circumstances.
The court concluded that Cameron's sentence was not manifestly excessive or inadequate. It found that the sentence reflected the seriousness of the crime and the need for appropriate punishment and deterrence. The court also determined that there was sufficient parity between the sentences of Cameron and the co-offenders, considering the varying levels of culpability and mitigating circumstances. The court held that the sentence imposed was just and appropriate under the circumstances.
The application for leave to appeal was refused.
Orders
Orders of the court
The application for leave to appeal 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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