R v Dowel; Ex parte

[2013] QCA 8

SUPREME COURT OF QUEENSLAND

CITATION:

R v Dowel; Ex parte Attorney-General (Qld) [2013] QCA 8

PARTIES:

R
v
DOWEL, Jason Matthew
(respondent)

EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 208 of 2012
SC No 5 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by Attorney-General (Qld)

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

8 February 2013

DELIVERED AT:

Brisbane

HEARING DATE:

31 January 2013

JUDGES:

Muir and Fraser JJA and Dalton J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEALS BY CROWN – PRINCIPLES APPLIED BY APPELLATE COURT TO CROWN APPEALS – where the respondent pleaded guilty to one count of unlawful trafficking in Schedule 1 drugs – where the respondent was 19 at the time of offending – where the respondent had no prior criminal history – where the respondent made a considered decision to sell Schedule 1 drugs for profit –  where the respondent voluntarily ended his involvement with drugs – where the respondent continued in full time employment and studied for his apprenticeship throughout – where the respondent was sentenced to four years imprisonment, wholly suspended – whether the sentence was manifestly inadequate

Penalties and Sentences Act 1992 (Qld), s 9(2)(a), s 9(2)(f)

Director of Public Prosecutions v Karazisis (2010) 31 VR 634; [2010] VSCA 350, cited
Everett v The Queen (1994) 181 CLR 295; [1994] HCA 49, considered
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, considered
R v Atkins [2007] QCA 309, distinguished
R v Casagrande [2009] QCA 1, considered
R v Challacombe [2009] QCA 314, distinguished
R v Dwyer [2008] QCA 117, considered
R v Engellenner [2012] QCA 6, considered
R v Major; ex parte A-G (Qld) [2012] 1 Qd R 465; [2011] QCA 210, cited
R v McAway (2008) 191 A Crim R 475; [2008] QCA 401, distinguished
R v SBK [2009] QCA 107, considered
R v Taylor [2006] QCA 459, distinguished
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, considered

COUNSEL:

A W Moynihan SC for the appellant
M J Byrne QC, with H Walters, for the respondent

SOLICITORS:

Director of Public Prosecutions (Queensland) for the appellant
Arthur Browne & Associates for the respondent

1. MUIR JA: The Attorney-General appeals against a wholly suspended sentence of four years imprisonment imposed on the respondent on 30 July 2012 for the offence of trafficking in 3,4-methylenedioxymethamphetamine (MDMA) and methylamphetamine (both Schedule 1 drugs) between 11 April 2010 and 22 May 2010. 

1. The respondent, an apprentice spray painter, was 19 at the time of offending.  He had no criminal history and was well thought of by his employer.  He completed his apprenticeship during the 21 months he was on bail for the subject offence. 

1. The respondent came to the attention of…