SUPREME COURT OF QUEENSLAND
CITATION:
R v Eaton [2019] QCA 147
PARTIES:
R
v
EATON, Grant Anthony
(applicant)FILE NO/S:
CA No 306 of 2018
SC No 737 of 2018
SC No 1564 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 31 October 2018 (Boddice J)
DELIVERED ON:
30 July 2019
DELIVERED AT:
Brisbane
HEARING DATE:
30 May 2019
JUDGES:
Fraser and Morrison and Philippides JJA
ORDER:
Application for leave to appeal is refused.
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES – DEALING AND DISTRIBUTION OF DRUGS – TRAFFICKING OR SALE AND SUPPLY – where the applicant was convicted on seven counts related to the trafficking, supply and possession of dangerous drugs – where the applicant was also charged with eight summary offences, all drug related – where the applicant was convicted for the trafficking and possession of dangerous drugs including: cannabis, methylamphetamine, 3,4 methylenedioxymethylamphetamine (MDMA) and Lysergide (LSD) – where the applicant was sentenced to nine years’ imprisonment for count 1, nine months imprisonment for count 7 and six months imprisonment on each of counts 2 and 3 with a parole eligibility date set after serving three years and five months – where the applicant was convicted on all other counts and not further punished – whether the offences warranted the sentence imposed
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant challenges the sentence imposed on the ground that the sentence of nine years’ imprisonment was manifestly excessive – where the applicant submits that the learned sentencing judge proceeded to sentence on the basis that the appropriate starting point for the sentence was approximately 10 years, if not more – where it was contended the starting point of the sentence was higher than it ought to have been, and in that sense, the learned sentencing judge was led into error – where it is contended that the applicant’s sentence was markedly and unacceptably higher than that of the co-offender – where the applicant submits that in respect of the authorities cited, the learned sentencing judge was led into error in receiving and applying submissions – where it is contended that the sentencing discretion miscarried because the learned sentencing judge acted on a wrong principle – whether the learned sentencing judge erred in his sentencing of the applicant
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS – where the applicant contends that the parity principle is applicable – where it was submitted that there was an unacceptable disparity between the sentence imposed upon the applicant and that of his co-offender – where the applicant contends that the sentence was manifestly excessive and markedly and unacceptably higher than that of the co-offender – where there were differences in the extent, length of time and degree of…
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- R v Eaton [2019] QCA 147
- Case
- [2019] QCA 147
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentence of nine years’ imprisonment was manifestly excessive. The applicant argued that the sentence was markedly and unacceptably higher than that of his co-offender and that the learned sentencing judge erred in setting the starting point for the sentence. The court found that the sentence was not manifestly excessive and that the learned sentencing judge did not err in setting the starting point for the sentence. The court noted that the applicant had been involved in a significant drug trafficking operation and that the sentence was appropriate given the seriousness of the offences. The court also rejected the applicant's argument that there was an unacceptable disparity between his sentence and that of his co-offender, finding that the differences in their respective roles and conduct justified the disparity in their sentences.
The court concluded that the applicant's sentence was not manifestly excessive and that the learned sentencing judge did not err in his application of the principles of sentencing. The court refused the applicant's application for leave to appeal. The court held that the sentence imposed was appropriate given the nature and extent of the applicant's involvement in the drug trafficking operation and that there was no unacceptable disparity between the applicant's sentence and that of his co-offender. The court found that the applicant's arguments did not demonstrate that the sentence was manifestly excessive or that the learned sentencing judge erred in his application of the principles of sentencing.
Orders
Orders of the court
Application for leave to appeal is refused.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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