SUPREME COURT OF QUEENSLAND
CITATION:
R v Connolly [2016] QCA 132
PARTIES:
R
v
CONNOLLY, Brian Terrence
(applicant)FILE NO/S:
CA No 31 of 2016
SC No 65 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Townsville – Date of Sentence: 2 February 2016
DELIVERED ON:
18 May 2016
DELIVERED AT:
Brisbane
HEARING DATE:
26 April 2016
JUDGES:
Philippides and Philip McMurdo JJA and Flanagan J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The application for leave to appeal is granted.
2. The appeal is allowed.
3. Other than the recording of convictions, the sentences imposed on counts 2-19 are set aside and the applicant not be further punished on those counts.
4. The sentence imposed on count 1 is varied to the extent that it is suspended after a period of six months imprisonment is served, in lieu of a period of 12 months imprisonment.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – JUDGE ACTED ON WRONG PRINCIPLE – where the applicant was convicted on his own plea of one count of drug trafficking, 18 counts of supplying dangerous drugs, two counts of possessing things and one count of possessing a dangerous drug – where the applicant was sentenced to concurrent sentences of four years imprisonment, suspended after 12 months, for an operational period of five years on the trafficking count; one year imprisonment for the supplying dangerous drugs offences; and three months imprisonment for possessing a dangerous drug, with convictions recorded but no further punishment for the remaining counts – where the applicant submitted the sentencing judge erred in imposing concurrent sentences of imprisonment for each of the supplying counts – where the applicant submitted the sentencing judge erred in concluding in relation to the trafficking count that a more mature offender would have had to serve a period of imprisonment of longer than 12 months – whether it was wrong to impose concurrent terms for the supplying counts where the acts largely constituted the trafficking count – whether the sentencing process was infected by error in considering that a more mature offender would have had to serve a period of imprisonment of longer than 12 months – whether sentencing discretion ought to be re-exercised
R v Ahmetaj[2015] QCA 248, cited
R v Blumke [2015] QCA 264, considered
R v Bobonica & Runcan[2009] QCA 287, cited
R v Brown[2015] QCA 225, cited
R v Challacombe[2009] QCA 314, considered
R v Dang[1999] QCA 414, cited
R v Dowel; Ex-parte Attorney-General (Qld)[2013] QCA 8, considered
R v Engellenner[2012] QCA 6, considered
R v Galeano [2013] 2 Qd R 464; [2013] QCA 51, cited
R v Jobsz[2013] QCA 5, cited
R v Johnson[2007] QCA 433, cited
R v McAway (2008) 191 A Crim R…
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- AGLC
- R v Connolly [2016] QCA 132
- Case
- [2016] QCA 132
- Decision Date
CaseChat Overview and Summary
The court found that the sentencing judge had indeed erred in imposing concurrent terms for the supplying counts, as they largely constituted the trafficking count. The court further held that the sentencing judge had erred in concluding that a more mature offender would have had to serve a period of imprisonment longer than 12 months for the trafficking count. These errors warranted interference with the sentence. The court emphasised the importance of correctly applying sentencing principles and ensuring that the sentence imposed reflects the gravity of the offences. Consequently, the court granted the application for leave to appeal, allowed the appeal, and set aside the sentences imposed on counts 2-19, with convictions recorded but no further punishment. The court also varied the sentence imposed on count 1 to be suspended after a period of six months imprisonment, rather than 12 months.
The court's decision underscores the importance of careful application of sentencing principles and the need for a coherent sentencing process. The court's orders reflect a careful balancing of the need to impose appropriate punishment with the principle of proportionality in sentencing. The court's intervention ensured that the sentence imposed was commensurate with the gravity of the offences and adhered to the correct legal principles.
Orders
Orders of the court
1. The application for leave to appeal is granted.
2. The appeal is allowed.
3. Other than the recording of convictions, the sentences imposed on counts 2-19 are set aside and the applicant not be further punished on those counts.
4. The sentence imposed on count 1 is varied to the extent that it is suspended after a period of six months imprisonment is served, in lieu of a period of 12 months imprisonment.
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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