R v Clapham

[2003] QCA 418

SUPREME COURT OF QUEENSLAND

CITATION: 

R v Clapham [2003] QCA 418

PARTIES: 

R
v
CLAPHAM, Peter Brett
(applicant/appellant)

FILE NO/S: 

CA No 208 of 2003 SC No 219 of 2003

DIVISION: 

Court of Appeal

PROCEEDING: 

Sentence Application

ORIGINATING 
COURT: 

Supreme Court at Brisbane

DELIVERED EX 

23 September 2003

TEMPORE ON: 

DELIVERED AT: 

Brisbane

HEARING DATE: 

23 September 2003

JUDGES: 

Jerrard JA, Jones and Holmes JJ
Separate reasons for judgment of each member of the Court,
each concurring as to the order made

ORDER: 

1.	Application for leave to appeal against sentence granted
2.	Appeal allowed
3.	Sentence varied by suspending it after four months with an operational period of three years
4.	Declare 106 days from 10.06.03 to 23.09.03 as time already served under this sentence

CATCHWORDS: 

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – PARTICULAR OFFENCES – OTHER OFFENCES – where applicant pleaded guilty to one of production of methylamphetamine and one count of possession of things used in that production – where the applicant was originally sentenced to 120 hours community service – where applicant failed to complete community service – where applicant resentenced to 12 months imprisonment – whether sentence was manifestly excessive

R v Hall [2002] QCA 438; CA No 253 of 2002, 17 October
2002, considered

COUNSEL: 

P J Davis for the applicant
R G Martin for the respondent

SOLICITORS: 

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the
respondent

HOLMES J: The applicant for leave to appeal was originally sentenced to 120 hours' community service in respect of one count of production of the dangerous drug methylamphetamine in

excess of two grams and one count of possessing things used in service imposed and changed his address without notification. He came before the original sentencing Judge for resentencing on 10 June 2003 and was sentenced to 12 months' imprisonment. It is that sentence in respect of which he now seeks leave to appeal.

connection with that production. No conviction was recorded.

The circumstances of the production charge were that the took into account that there was a full hand-up committal, that there was a timely plea of guilty, that the quantity of the drug was small and only for personal use and that the accused did not have a criminal record. In fact, the last was discovered by the time of the resentencing not to be the case; the accused had some criminal history.

applicant and his co-accused, who was his girlfriend, booked a
motel room in which they set about producing a small quantity
of methylamphetamine for personal use. The applicant was the
cook. The police found the laboratory in operation. 2.71
grams of pure methylamphetamine had been produced. The
applicant made full admissions. He told the police that he
was an addict. He and his girlfriend had hoped to produce
between two…