SUPREME COURT OF QUEENSLAND
CITATION:
R v Clark [2016] QCA 173
PARTIES:
R
v
CLARK, Aimee Eileen
(applicant)FILE NO/S:
CA No 292 of 2015
SC No 68 of 2015
SC No 74 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Rockhampton – Date of Sentence: 19 November 2015
DELIVERED ON:
24 June 2016
DELIVERED AT:
Brisbane
HEARING DATE:
3 June 2016
JUDGES:
Margaret McMurdo P and Morrison JA and North J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for leave to appeal is refused.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of trafficking in a dangerous drug, and to two summary charges of possessing a dangerous drug, and possessing a pipe that was used in the connection with the use of a dangerous drug – where the applicant was sentenced to three years imprisonment and, pursuant to s 5(2) of the Drugs Misuse Act 1986 (Qld), was ordered to serve a minimum of 80 per cent of that term – where the summary charges attracted a sentence of one month imprisonment each, to be served concurrently with the trafficking sentence – where the applicant was identified through a covert police operation that brought to light that the applicant was dealing in methylamphetamine at a street level – where the applicant has two children and a good work history – where the applicant had a clean criminal history until 2013 when she was charged with the possession of dangerous drugs and was further charged over the following two years with drug related charges – where the applicant alleges that she started using drugs as a result of the death of her infant child to sudden infant death syndrome – where the applicant had previously performed “unsatisfactorily” as described in a probation report, by failing to attend counselling and using drugs whilst on probation – where the learned sentencing judge concluded that the applicant’s prospects of rehabilitation were low – where the applicant contends that the learned sentencing judge should have ordered a partially suspended sentence – where the applicant contends that the learned sentencing judge should have set the head sentence at three years, suspended after 12 months, with an operational period of three years – whether the sentence was manifestly excessive
Drugs Misuse Act 1986 (Qld), s 5, s 5(2), s 5(3)(b)
Justice and Other Legislation Amendment Act 2013 (Qld), s 68B
Penalties and Sentences Act 1992 (Qld), s 9(2), s 13, s 112, s 144Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
Nguyen v The Queen (2016) 90 ALJR 595; [2016] HCA 17, cited
R v BCX[2015] QCA 188, cited
R v Challacombe[2009] QCA 314, considered
R v Connolly[2016] QCA 132
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- AGLC
- R v Clark [2016] QCA 173
- Case
- [2016] QCA 173
- Decision Date
CaseChat Overview and Summary
The legal issues in the case centred on whether the sentence was manifestly excessive or inadequate. The appellant argued that the sentencing judge should have imposed a partially suspended sentence, setting the head sentence at three years, suspended after 12 months, with an operational period of three years. She contended that her prospects of rehabilitation were not as low as the sentencing judge had concluded, and that she had not had a fair opportunity to demonstrate rehabilitation due to delays in the legal proceedings.
The court examined the circumstances surrounding the appellant's offending and rehabilitation prospects, considering her personal history, the nature of the offences, and the sentencing principles. The court noted the appellant's failure to attend counselling and continued drug use while on probation as indicators of her unsatisfactory performance in rehabilitation efforts. Despite the appellant's argument that she had not had a fair opportunity to demonstrate rehabilitation, the court found that the sentencing judge had appropriately considered the appellant's history and prospects for rehabilitation. The court held that the sentence was not manifestly excessive, given the seriousness of the offences and the appellant's history.
The final orders of the court were to refuse the application for leave to appeal against the sentence. The reasoning provided by the court underscored the importance of adhering to the sentencing principles and the judge's assessment of the appellant's rehabilitation prospects. The refusal of leave to appeal upheld the original sentence imposed by the lower court.
Orders
Orders of the court
The application for leave to appeal is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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