SUPREME COURT OF QUEENSLAND
CITATION:
R v Carrall [2018] QCA 355
PARTIES:
R
v
CARRALL, Brent Gregory
(applicant)FILE NO/S:
CA No 275 of 2017
SC No 1626 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 20 November 2017 (Lyons SJA)
DELIVERED ON:
18 December 2018
DELIVERED AT:
Brisbane
HEARING DATE:
31 August 2018
JUDGES:
Sofronoff P and Jackson and Bowskill JJ
ORDER:
Leave to appeal refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – JUDGE ACTED ON WRONG PRINCIPLE – where the applicant pleaded guilty to one count of trafficking in dangerous drugs, one count of possessing things used in connection with trafficking and one count of supplying a dangerous drug – where the applicant was sentenced to 10 years imprisonment on the trafficking count and not further punished on the other two counts – where the applicant’s sentence on the trafficking count carried with it an automatic serious violent offender declaration – where there was a dispute between the applicant and respondent at first instance as to the quantity of drugs carried by couriers on behalf of the applicant and the role that the applicant played in the trafficking operation – where evidence was led by the respondent from two of the applicant’s accomplices – whether there was no evidence to support the learned sentencing judge’s factual findings or the fact finding process involved a material error of law
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant submits that the imposition of a sentence of 10 years imprisonment on the trafficking count, which carried with it an automatic serious violent offender declaration, was manifestly excessive – where the applicant submits that the learned sentencing judge failed to take into account his steps towards rehabilitation – whether the sentencing discretion miscarried
Evidence Act 1977 (Qld), s 132C
Carroll v The Queen [2011] VSCA 150, cited
R v Abbott[2017] QCA 57, cited
R v B; Ex parte Attorney-General (Qld) (2000) 110 A Crim R 499; [2000] QCA 110, cited
R v Cooney; Ex parte Attorney-General (Qld)[2008] QCA 414, cited
R v Cowie [2005] 2 Qd R 533; [2005] QCA 223, cited
R v Crossley (1999) 106 A Crim R 80; [1999] QCA 223, cited
R v Feakes[2009] QCA 376, cited
R v Herford (2001) 119 A Crim R 546; [2001] QCA 177, cited
R v Johnson[2014] QCA 79, cited
R v O’Donoghue (1988) 34 A Crim R 397, cited
Willis v The Queen (2016) 261 A Crim R 151; [2016] VSCA 176, citedCOUNSEL:
A J Kimmins for the applicant
C N Marco for the respondentSOLICITORS:
Rostron Carlyle Rojas Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: The applicant pleaded guilty to…
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- AGLC
- R v Carrall [2018] QCA 355
- Case
- [2018] QCA 355
- Decision Date
CaseChat Overview and Summary
The legal issues in the case centered on whether there was no evidence to support the learned sentencing judge's factual findings or whether the fact-finding process involved a material error of law. The applicant submitted that the 10-year sentence, which carried with it an automatic serious violent offender declaration, was manifestly excessive. The applicant also argued that the learned sentencing judge failed to take into account his steps towards rehabilitation, which would have been a mitigating factor in sentencing.
The court found that there was no material error in the learned sentencing judge's fact-finding process, and that there was evidence to support the judge's findings. The court also found that the sentence was not manifestly excessive, and that the learned sentencing judge had considered the applicant's steps towards rehabilitation in imposing sentence. The appeal against sentence was dismissed, and leave to appeal was refused.
Orders
Orders of the court
Leave to appeal 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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