SUPREME COURT OF QUEENSLAND
CITATION:
R v Crook [2012] QCA 305
PARTIES:
R
v
CROOK, Joel Peter
(applicant)FILE NO/S:
CA No 152 of 2012
DC No 105 of 2012
DC No 137 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
6 November 2012
DELIVERED AT:
Brisbane
HEARING DATE:
24 October 2012
JUDGES:
Margaret McMurdo P, Holmes JA and Applegarth J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
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 pleaded guilty to one count of possessing the dangerous drug cannabis in a quantity that exceeded 500 grams and one count of unlawfully supplying that drug to another person – where applicant was sentenced on each count to a period of six months imprisonment wholly suspended for an operational period of nine months – where applicant contends sentence was manifestly excessive – whether sentence manifestly excessive
R v Adams [2003] QCA 22, cited
R v Applewaite and Jones (1996) 90 A Crim R 167; [1996] QCA 533, cited
R v Barnes [2004] QCA 459, cited
R v Doraho [2011] QCA 29, cited
R v Meid [2006] QCA 124, citedCOUNSEL:
The applicant appeared on his own behalf
S J Farnden for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The application for leave to appeal against sentence should be refused for the reasons given by Applegarth J.
HOLMES JA: I agree with the reasons of Applegarth J and the order he proposes.
APPLEGARTH J: The applicant pleaded guilty on 18 May 2012 to one count of possessing the dangerous drug cannabis in a quantity that exceeded 500 grams, and one count that he unlawfully supplied cannabis to another person. On each count he was sentenced to a period of six months imprisonment, wholly suspended for an operational period of nine months. No further penalty was imposed in respect of a summary offence that on 22 September 2010 he had in his possession a mobile phone that had been used in connection with the supply of a dangerous drug.
The applicant seeks leave to appeal against the sentences imposed for the indictable offences on the grounds that each sentence was manifestly excessive.
On 22 September 2010 police conducting routine patrols noticed the applicant’s vehicle parked illegally at Snapper Rocks at Coolangatta. At the request of police the applicant opened the boot of his car, and the police detected a strong smell of cannabis. The applicant claimed that the garbage bags in the boot were just household rubbish. However, police opened one of them and observed cannabis that had been recently harvested. The applicant was arrested and asked if he had anything else…
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- AGLC
- R v Crook [2012] QCA 305
- Case
- [2012] QCA 305
- Decision Date
CaseChat Overview and Summary
The court had to consider whether the sentence was manifestly excessive or inadequate. In evaluating this, the court took into account the seriousness of the offence, the circumstances of the offence, and the need for the sentence to reflect the community's standards of justice. It was noted that while the quantity of the drug was significant, the applicant had no prior convictions and had shown remorse.
The court found that the sentence imposed was neither manifestly excessive nor inadequate. It was deemed appropriate given the applicant's lack of prior convictions and his display of remorse. The court held that the sentence reflected an appropriate balance between punishment and rehabilitation, and thus dismissed the appeal against sentence. The application for leave to appeal was therefore refused.
Orders
Orders of the court
Application for leave to appeal against sentence refused.
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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