R v Dent

Case [2002] QCA 247 19 July 2002

Type to search within this case.

SUPREME COURT OF QUEENSLAND

CITATION:

R v Dent [2002] QCA 247

PARTIES:

R
v
DENT, Kevin Ian
(appellant/applicant)

FILE NO/S:

CA No 323 of 2001
SC No 3 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

19 July 2002

DELIVERED AT:

Brisbane

HEARING DATE:

3 July 2002

JUDGES:

Davies, Williams and Jerrard JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. Appeal against conviction dismissed;
2. Application for leave to appeal against sentence refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL - CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – MISDIRECTION AND NON-DIRECTION – PARTICULAR OFFENCES – appeal against conviction for drug trafficking – whether learned trial judge erred in failing to direct the jury that they should be satisfied that the alleged commercial activity extended over a period of time which broadly corresponded with the time period alleged in the charge

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – where the defence raised an allegation against the police late in the trial and where it was put only to one of the police officers although the allegation was also made during the committal hearing – whether learned trial judge unfairly commented on the defence case thereby prejudicing a fair trial

CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES – PENALTIES - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING – TRANSACTIONS INVOLVING HEROIN – where accused received a sentence of 14 years imprisonment for trafficking – whether the sentence was manifestly excessive

Drugs Misuse Act 1986 (Qld), s 5
Criminal Code Act 1899 (Qld), s 564

KBT v The Queen (1997) 191 CLR 417, distinguished
R v Abdo, CA 186 of 1991, 5 December 1991 followed
R v Antipas [1999] QCA 168, CA No 17 of 1999, 14 May 1999, considered
R v Dean [1932] NZLR 753, distinguished
R v Dossi (1918) 13 Cr App Rep 158, followed
R v Elhusseini [1988] 2 Qd R 442, considered
R v George [2001] QCA 135; CA No 339 of 2000, 6 April 2001, followed
R v Giretti (1986) 24 A Crim R 112, distinguished
R v Goulden [1993] 2 Qd R 534, considered
R v Ianculescu [2000] 2 Qd R 521, considered
R v Jacobs [1993] 2 Qd R 541, distinguished
R v Le [2000] QCA 392, CA 103 of 2000, 29 September 2000, distinguished
R v Matasaru [2000] QCA 246, CA No 24 of 2000, 19 June 2000, distinguished
R v Patena [1996] QCA 152, CA 107 of 1996, 28 May 1996, considered
R v Quaile [1988] 2 Qd R 103, considered
R v Son Thang Do [2000] QCA 135, CA No 342 of 1999, 14 April 2000, distinguished
R v Swan (1987) 27 A Crim R 289,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Dent

Details

AGLC: R v Dent [2002] QCA 247
Case: [2002] QCA 247
Decision Date: 19 July 2002

CaseChat Overview and Summary

The appellant, Dent, appealed against his conviction for drug trafficking and the sentence imposed by the trial court. The trial involved complex evidence, including allegations of police misconduct that were raised late in the proceedings. The court of appeal was tasked with determining whether the trial judge erred in failing to direct the jury on the temporal scope of the alleged commercial activity and whether the judge's comments during the trial unfairly prejudiced the defence. Additionally, the court examined whether the 14-year sentence for trafficking was manifestly excessive. The appeal against the conviction was dismissed, while the application for leave to appeal against the sentence was refused.

The legal issues before the court involved the proper scope of jury directions concerning the time frame of the alleged drug trafficking activities. The defence argued that the trial judge should have directed the jury to be satisfied that the activities spanned the period alleged in the charge. The court also needed to assess whether the judge's comments during the trial, made in response to late allegations of police misconduct, unfairly prejudiced the defence and affected the fairness of the trial. Furthermore, the court had to consider the proportionality of the 14-year sentence imposed for the trafficking offence.

In dismissing the appeal against the conviction, the court found no error in the trial judge's direction to the jury regarding the temporal scope of the alleged activities. The court held that the judge's comments did not unfairly prejudice the defence and did not affect the fairness of the trial. The court further determined that the 14-year sentence was not manifestly excessive, given the seriousness of the offence and the circumstances of the case. Consequently, the appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was refused.

Orders

Orders of the court

1. Appeal against conviction dismissed;

2. Application for leave to appeal against sentence refused.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

R v Dent [2002] QCA 247

Most Recent Citation

R v Popa [2002] QCA 252

Cases citing this decision · 5 of 5 shown

R v TAN
[2022] QCA 193 Para 2

…In my respectful view, the trial judge was correct in ruling that the dates were not elements of offence.[129] [129] R v Dent [2002] QCA 247 at [12].…
R v Richards
[2017] QCA 299

…The Queen (2000) 203 CLR 452; [2000] HCA 46, cited R v Dent (2002) 132 A Crim R 151; [2002] QCA 247, cited R v Edirimanasingham [1961] AC 454, cited R v Elhusseini [1988] 2 Qd R 442; (1988) 33 A Crim R 155, cited R v Hervey & Goodwin (1940) 27 Cr App R 146, cited R v Kirkby [2000] 2 Qd R 57; [1998] QCA 445, cite…
R v TAM (No 2)
[2011] QDC 141

…ld) ss 21AA, 93A, 98 & 130; Evidence (Protection of Children) Amendment Bill 2003 - Explanatory Notes. CASES R v Dent [2002] QCA 247; R v B [2000] QCA 19; R v Jacobs (1993) 2 Qd R 541; R v Stratford Justices, ex parte Imbert (1999) 2 Crim App R. 276; Gately v R [2007] 241 ALR 1; R v W, ex parte AG (Qld) [2002] QC…
R v Chen
[2007] QSC 380 Para 22

…I was referred to a number of decisions which relate to trafficking at high levels. They include R v Dent [2002] QCA 247, R v Truong [2001] QCA 98, R v George [2001] QCA 135, R v Bradforth [2003] QCA 183, R v Raciti [2004] QCA 359, R v Tran [2006] QCA 174 and R v Matasaru [2000] QCA 246.…
R v Popa
[2002] QCA 252

…I would add to the comparable cases referred to by the Chief Justice in his reasons a reference to the recent decision of this Court in R v. Dent [2002] QCA 247. It may well be that in that case a greater quantity of heroin was involved but Dent did not have a prior conviction for cultivating cannabis which this…

View all 5 citing cases →

Cases cited in this decision · 13 of 13 shown

R v George
[2001] QCA 135

…753, distinguished R v Dossi (1918) 13 Cr App Rep 158, followed R v Elhusseini [1988] 2 Qd R 442, considered R v George [2001] QCA 135; CA No 339 of 2000, 6 April 2001, followed R v Giretti (1986) 24 A Crim R 112, distinguished R v Goulden [1993] 2 Qd R 534, considered R v Ianculescu [2000] 2 Qd R 521, considered…
R v Truong & Nguyen
[2001] QCA 98

…6] 90 A Crim R 416, distinguished R v Tran [1996] QCA 173; CA No 111 of 1996, 20 May 1996, followed R v Truong & Nguyen [2001] QCA 98, CA No 278 of 2000, 15 March 2001, followed Walsh v Tattersall (1996) 188 CLR 77, considered COUNSEL: M J Byrne QC for the appellant/applicant M J Griffin SC, with G R Rice, for t…
R v Le; Ex Parte A-g
[2000] QCA 392

…2 Qd R 534, considered R v Ianculescu [2000] 2 Qd R 521, considered R v Jacobs [1993] 2 Qd R 541, distinguished R v Le [2000] QCA 392, CA 103 of 2000, 29 September 2000, distinguished R v Matasaru [2000] QCA 246, CA No 24 of 2000, 19 June 2000, distinguished R v Patena [1996] QCA 152, CA 107 of 1996, 28 May 1996…
R v Matasaru
[2000] QCA 246

…s [1993] 2 Qd R 541, distinguished R v Le [2000] QCA 392, CA 103 of 2000, 29 September 2000, distinguished R v Matasaru [2000] QCA 246, CA No 24 of 2000, 19 June 2000, distinguished R v Patena [1996] QCA 152, CA 107 of 1996, 28 May 1996, considered R v Quaile [1988] 2 Qd R 103, considered R v Son Thang Do [2000]…
R v Do
[2000] QCA 135

…atena [1996] QCA 152, CA 107 of 1996, 28 May 1996, considered R v Quaile [1988] 2 Qd R 103, considered R v Son Thang Do [2000] QCA 135, CA No 342 of 1999, 14 April 2000, distinguished R v Swan (1987) 27 A Crim R 289, distinguished R v Tilley; ex-parte A-G [1999] QCA 424; CA No 244 of 1999, 7 October 1999, disting…
R v Tilley; ex parte A-G
[1999] QCA 424 Para 1

…d that the appropriate range was from seven to nine years and in support of that relied on sentences imposed in R v Tilley; ex parte Attorney-General [1999] QCA 424 , R v Do (CA 342 of 1999), R v Le; ex parte Attorney-General [2000] 392 and R v Matasaru (CA 24 of 2000). Each of those matters involved a plea of gu…
R v Antipas
[1999] QCA 168

…s 564 KBT v The Queen (1997) 191 CLR 417, distinguished R v Abdo , CA 186 of 1991, 5 December 1991 followed R v Antipas [1999] QCA 168, CA No 17 of 1999, 14 May 1999, considered R v Dean [1932] NZLR 753, distinguished R v Dossi (1918) 13 Cr App Rep 158, followed R v Elhusseini [1988] 2 Qd R 442, considered R v Ge…
KBT v The Queen
[1997] HCA 54 Para 1

…ssary to refer to the decision of this court in R v Thompson [1996] 90 A Crim R 416 (which on appeal to the High Court is reported as KBT v The Queen (1997) 191 CLR 417). The charge in that case was that of unlawfully maintaining a sexual relationship with a child under the age of 16 years during a period which exten…
Walsh v Tattersall
[1996] HCA 26 Para 1

…the aspect of the decision in Giretti to which Gaudron and Gummow JJ at 87 and Kirby J at 93 referred to in their judgments in Walsh v Tattersall (1996) 188 CLR 77.…
R v Patena
[1996] QCA 152

…29 September 2000, distinguished R v Matasaru [2000] QCA 246, CA No 24 of 2000, 19 June 2000, distinguished R v Patena [1996] QCA 152, CA 107 of 1996, 28 May 1996, considered R v Quaile [1988] 2 Qd R 103, considered R v Son Thang Do [2000] QCA 135, CA No 342 of 1999, 14 April 2000, distinguished R v Swan (1987)…
CA No 151 of 1999, 9 July 1999, consideredR v Tran
[1996] QCA 173

…] QCA 424; CA No 244 of 1999, 7 October 1999, distinguished R v Thompson [1996] 90 A Crim R 416, distinguished R v Tran [1996] QCA 173; CA No 111 of 1996, 20 May 1996, followed R v Truong & Nguyen [2001] QCA 98, CA No 278 of 2000, 15 March 2001, followed Walsh v Tattersall (1996) 188 CLR 77, considered COUNSEL: M…
[1932] NZLR 753
[1932] NZLR 753

…CA 186 of 1991, 5 December 1991 followed R v Antipas [1999] QCA 168, CA No 17 of 1999, 14 May 1999, considered R v Dean [1932] NZLR 753, distinguished R v Dossi (1918) 13 Cr App Rep 158, followed R v Elhusseini [1988] 2 Qd R 442, considered R v George [2001] QCA 135; CA No 339 of 2000, 6 April 2001, followed R v G…
The King v Dean
(1932) NZLR 753 Para 1

…fied in the indictment is raised. It is that circumstance which has given rise to decisions such as Swan (1987) 27 A Crim R 289, R v Dean (1932) NZLR 753 and R v Jacobs [1993] 2 Qd R 541. The Queensland appellate courts in Swan and Jacobs appear to have accepted that the primary function of alleging a date in the…

Legislation cited in this decision · 4

Drugs Misuse Act 1986 (Qld)
5 2 mentions (from Para 1)
Criminal Code Act 1899 (Qld)
564 1 mention
Customs Act 1901 (Cth)
1 mention (from Para 1)
Sentences Act 1992 (Qld)
1 mention (from Para 1)

CITATION:	R v Dent [2002] QCA 247
PARTIES:	R v DENT, Kevin Ian (appellant/applicant)
FILE NO/S:	CA No 323 of 2001 SC No 3 of 2001
DIVISION:	Court of Appeal
PROCEEDING:	Appeal against Conviction and Sentence
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	19 July 2002
DELIVERED AT:	Brisbane
HEARING DATE:	3 July 2002
JUDGES:	Davies, Williams and Jerrard JJA Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:	1. Appeal against conviction dismissed; 2. Application for leave to appeal against sentence refused.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL - CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – MISDIRECTION AND NON-DIRECTION – PARTICULAR OFFENCES – appeal against conviction for drug trafficking – whether learned trial judge erred in failing to direct the jury that they should be satisfied that the alleged commercial activity extended over a period of time which broadly corresponded with the time period alleged in the charge CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – where the defence raised an allegation against the police late in the trial and where it was put only to one of the police officers although the allegation was also made during the committal hearing – whether learned trial judge unfairly commented on the defence case thereby prejudicing a fair trial CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES – PENALTIES - TRAFFICKING, TRADING, SELLING, SUPPLYING OR DISTRIBUTING – TRANSACTIONS INVOLVING HEROIN – where accused received a sentence of 14 years imprisonment for trafficking – whether the sentence was manifestly excessive Drugs Misuse Act 1986 (Qld), s 5 Criminal Code Act 1899 (Qld), s 564 KBT v The Queen (1997) 191 CLR 417, distinguished R v Abdo, CA 186 of 1991, 5 December 1991 followed R v Antipas [1999] QCA 168, CA No 17 of 1999, 14 May 1999, considered R v Dean [1932] NZLR 753, distinguished R v Dossi (1918) 13 Cr App Rep 158, followed R v Elhusseini [1988] 2 Qd R 442, considered R v George [2001] QCA 135; CA No 339 of 2000, 6 April 2001, followed R v Giretti (1986) 24 A Crim R 112, distinguished R v Goulden [1993] 2 Qd R 534, considered R v Ianculescu [2000] 2 Qd R 521, considered R v Jacobs [1993] 2 Qd R 541, distinguished R v Le [2000] QCA 392, CA 103 of 2000, 29 September 2000, distinguished R v Matasaru [2000] QCA 246, CA No 24 of 2000, 19 June 2000, distinguished R v Patena [1996] QCA 152, CA 107 of 1996, 28 May 1996, considered R v Quaile [1988] 2 Qd R 103, considered R v Son Thang Do [2000] QCA 135, CA No 342 of 1999, 14 April 2000, distinguished R v Swan (1987) 27 A Crim R 289,…