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 2012DIVISION:
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 madeORDER:
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, consideredCOUNSEL:
A W Moynihan SC for the appellant
M J Byrne QC, with H Walters, for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Arthur Browne & Associates for the respondent
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.
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.
The respondent came to the attention of…
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- AGLC
- R v Dowel; Ex parte Attorney-General (Qld) [2013] QCA 8
- Case
- [2013] QCA 8
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the sentence imposed was manifestly inadequate, given the respondent's personal circumstances and the nature of the offence. The court had to consider the principles guiding appellate review of sentences in criminal cases, particularly when the Crown appeals against a sentence deemed too lenient. It also needed to balance the severity of the offence against Dowel's personal circumstances, including his age, lack of prior criminal history, and positive steps taken post-offending.
The court held that the sentence was not manifestly inadequate. It found that the primary judge had appropriately weighed the aggravating and mitigating factors. The court emphasised the seriousness of trafficking in Schedule 1 drugs and the need to deter such activities. Despite Dowel's personal circumstances, the court concluded that the wholly suspended sentence was sufficient to achieve the aims of denunciation and deterrence, while also accounting for his rehabilitation efforts. Therefore, the appeal was dismissed.
Orders
Orders of the court
Appeal dismissed.
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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