R v Challacombe

[2009] QCA 314

SUPREME COURT OF QUEENSLAND

CITATION:

R v Challacombe [2009] QCA 314

PARTIES:

R
v
CHALLACOMBE, Glen Nicholas
(applicant)

FILE NO/S:

CA No 136 of 2009
SC No 52 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Rockhampton

DELIVERED ON:

20 October 2009

DELIVERED AT:

Brisbane

HEARING DATE:

13 October 2009

JUDGES:

Keane, Holmes and Muir JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence 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, one count of unlawful possession of a dangerous drug, and one count of possessing a sum of money obtained from trafficking – where applicant sentenced to five years imprisonment for trafficking offence and lesser concurrent terms for other offences – where applicant eligible for parole after serving 18 months in actual custody – where offending of comparatively low level and applicant had strong personal factors in mitigation of sentence – where sentencing judge informed by consideration of general deterrence – whether sentence manifestly excessive

R v Casagrande [2009] QCA 1, cited
R v Cooney; ex parte A-G (Qld) [2008] QCA 414, cited
R v McAway [2008] QCA 401, cited
R v Oldfield [2004] QCA 435, cited
R v Taylor [2005] QCA 379, cited

COUNSEL:

D R Lynch for the applicant
P F Rutledge for the respondent

SOLICITORS:

Winning Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. KEANE JA:  On 26 May 2009 the applicant was convicted on his own plea of three contraventions of the Drugs Misuse Act 1986 (Qld) ("the Act"). These offences were:

Count 1:

trafficking in the dangerous drugs methylamphetamine and

3,4-methylenedioxymethamphetamine ("ecstasy") between

1 September 2007 and 23 February 2008;

Count 2:unlawful possession of the dangerous drugs methylamphetamine and ecstasy in a quantity exceeding 2.0 grams on 22 February 2008;

Count 3:on 22 February 2008 possessing a sum of money obtained from trafficking in dangerous drugs knowing it to have been obtained from the trafficking.

1. The applicant was sentenced to five years imprisonment in respect of count 1 and to concurrent terms of imprisonment of 12 months in respect of the other counts.  It was ordered that he be eligible for consideration for parole on 25 November 2010, ie after serving 18 months of his sentence in actual custody.

1. The applicant seeks leave to appeal against these sentences on the ground that they are "manifestly excessive".  Obviously it is the sentence for the trafficking offence which must be the focus of attention on his application.

1. The applicant's role in the trafficking operation was evidently at a relatively low level involving about 1,000 ecstasy tablets and two bags of methylamphetamine and a turnover of between $24,000 and $30,000 over a period of four…