SUPREME COURT OF QUEENSLAND
CITATION:
R v Carlisle [2017] QCA 258
PARTIES:
R
v
CARLISLE, Nathan
(applicant)FILE NO/S:
CA No 55 of 2017
SC No 1038 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 2 March 2017 (Daubney J)
DELIVERED ON:
3 November 2017
DELIVERED AT:
Brisbane
HEARING DATE:
17 July 2017
JUDGES:
Gotterson and Morrison JJA and Applegarth J
ORDERS:
1. Leave to appeal granted.
2. Appeal against sentence allowed.
3. Sentence varied by reducing the 10 years term of imprisonment imposed on Count 1 to 9 years and set aside the automatic serious violent offence declaration.
4. A parole eligibility date of 24 February 2020 be fixed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was sentenced to ten years’ imprisonment for drug trafficking – where the applicant submits that the nominal sentence adopted by the sentencing judge was manifestly excessive and did not reflect the criminality of the offending – where the applicant submits the reduction of two years from the nominal sentence of 12 years’ imprisonment was a manifestly inadequate reduction for his very early guilty plea and the one year served in pre-sentence custody – whether the sentence was manifestly excessive in all the circumstances
Penalties and Sentences Act 1992 (Qld), s 13A, s 159A
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
R v Barker[2015] QCA 215, cited
R v Bradforth[2003] QCA 183, cited
R v Chen[2008] QCA 332, cited
R v Fabre[2008] QCA 386, cited
R v Gordon[2016] QCA 10, cited
R v Houkamau[2016] QCA 328, cited
R v Jacobs[2016] QCA 28, cited
R vKAQ; R v KAQ; Ex parte Attorney-General (Qld) (2015) 253 A Crim R 201; [2015] QCA 98, cited
R v Markovski[2009] QCA 299, cited
R v Marshall [1993] 2 Qd R 307; [1992] QCA 155, cited
R v Milos[2014] QCA 314, cited
R v Nabhan; R v Kostopoulos[2007] QCA 266, cited
R v Raciti[2004] QCA 359, cited
R v Rizk[2004] QCA 382, cited
R v Skedgwell [1999] 2 Qd R 97; [1998] QCA 93, cited
R v Versac[2014] QCA 181, cited
R v Westphal[2009] QCA 223, cited
R v Wishartand Jenkins [1994] 2 Qd R 421; [1993] QCA 563, citedCOUNSEL:
P Davis QC, with A J Kimmins, for the applicant
G J Cummings for the respondentSOLICITORS:
Grigor Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
GOTTERSON JA: I agree with the orders proposed by Applegarth J and with the reasons given by his Honour.
MORRISON JA: I have read the reasons of Applegarth J and agree with those reasons and the orders his Honour proposes.
APPLEGARTH J:
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- AGLC
- R v Carlisle [2017] QCA 258
- Case
- [2017] QCA 258
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing the assessment of sentence severity, particularly the requirement for a sentence to be proportionate to the gravity of the offence and the culpability of the offender. It considered the applicant's arguments regarding the sentencing judge's failure to adequately account for his early guilty plea and the time spent in pre-sentence custody. The court also evaluated whether the sentence was commensurate with sentences imposed in similar cases.
The appellate court concluded that the sentence was indeed manifestly excessive, as it did not appropriately consider the mitigating factors of the early guilty plea and the pre-sentence custody time. The court found that the reduction made by the sentencing judge was inadequate in light of these factors. Consequently, the court allowed the appeal, reduced the sentence from ten years to nine years, and set aside the automatic serious violent offence declaration. The court also fixed a parole eligibility date of 24 February 2020.
Orders
Orders of the court
1. Leave to appeal granted.
2. Appeal against sentence allowed.
3. Sentence varied by reducing the 10 years term of imprisonment imposed on Count 1 to 9 years and set aside the automatic serious violent offence declaration.
4. A parole eligibility date of 24 February 2020 be fixed.
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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