R v Chen

[2008] QCA 332

SUPREME COURT OF QUEENSLAND

CITATION:

R v Chen [2008] QCA 332

PARTIES:

R
v
CHEN, Ivan
(applicant/appellant)

FILE NO/S:

CA 17 of 2008
SC No 481 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

24 October 2008

DELIVERED AT:

Brisbane

HEARING DATE:

16 October 2008

JUDGES:

Holmes and Fraser JJA and McMeekin 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 allowed.

2.   Appeal allowed only to the extent of varying the order below by adjusting the declaration of time served under the sentence to 1,172 days.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – GROUNDS FOR INTERFERENCE – GENERAL PRINCIPLES – where applicant pleaded guilty to one count of trafficking in dangerous drugs, nine counts of possession of dangerous drugs, one count of possession of property obtained from trafficking, and one count of attempting to pervert the course of justice – where applicant sentenced to 14 years on the trafficking count, with lesser sentences for other drug-related counts to be served concurrently, and to two years for perverting the course of justice, to be served cumulatively – where applicant had some criminal history, which did not include drug offences – where applicant’s attempts to pervert the course of justice involved soliciting another to take responsibility for heroin owned by the applicant, which had been found in the course of a police search – whether sentences, taken separately and in total, were manifestly excessive

R v Chadwick; ex parte Attorney-General (Qld)[2001] QCA 94, considered
R v French [2004] QCA 263, considered
R v Harnden [2003] QCA 340, considered
R v Nabhan; R v Kostopoulos [2007] QCA 266, applied
R v Omer-Noori [2006] QCA 311, considered
R v Truong and Nguyen [2001] QCA 98, applied
R v W [1998] QCA 90, considered
R v West [2007] QCA 347, considered

COUNSEL:

The applicant/appellant appeared on his own behalf
S G Bain for the respondent

SOLICITORS:

The applicant/appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. HOLMES JA: The applicant seeks leave to appeal against sentences imposed on him for one count of trafficking in dangerous drugs, nine counts of possession of dangerous drugs (heroin, cocaine, 3-4 methylenedioxymethamphetamine (ecstasy), methylamphetamine and cannabis sativa), one count of attempting to pervert the course of justice and one count of possession of property obtained from trafficking.  The longest of the sentences, 14 years, was imposed on the trafficking count; concurrent sentences ranging between six months and four years were imposed on the possession of dangerous drugs and possession of property counts; and two years imprisonment, to be served cumulatively, was imposed on the count of attempting to pervert the course of justice.  A period which the applicant had served on remand was…