R v Feakes

Case [2009] QCA 376


SUPREME COURT OF QUEENSLAND

CITATION:

R v Feakes [2009] QCA 376

PARTIES:

R
v
FEAKES, Simon
(applicant)

FILE NO/S:

CA No 255 of 2009
SC No 49 of 2009
SC No 708 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

8 December 2009

DELIVERED AT:

Brisbane

HEARING DATE:

20 November 2009

JUDGES:

McMurdo P, Fraser JA and Fryberg J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The application for leave to appeal against sentence is refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – the applicant pleaded guilty to one count of trafficking in the dangerous drugs cocaine, MDMA and MDEA, one count of producing a dangerous drug and one count of possessing dangerous drugs – the applicant was sentenced to 10 years imprisonment with a declaration that he was convicted of a serious violent offence on the trafficking count – whether the primary judge gave insufficient weight to the applicant's mitigating factors, including his guilty plea and efforts at rehabilitation – whether the sentence was manifestly excessive

Corrective Services Act 2006 (Qld), s 182, s 184, s 188
Drugs Misuse Act 1986 (Qld), s 5(a), s 5(b), Sch 1, Sch 2
Penalties and Sentences Act 1992 (Qld), s 161A

R v Assurson (2007) 174 A Crim R 78; [2007] QCA 273, distinguished
R v Bradforth [2003] QCA 183, considered
R v Elizalde [2006] QCA 330, considered
R v Kashton [2005] QCA 70, considered
R v Klasan [2007] QCA 268, cited
R v Raciti [2004] QCA 359, considered
R v Rodd; ex parte A-G (Qld) [2008] QCA 341, distinguished
R v Saunders [2007] QCA 93, distinguished

COUNSEL:

B W Farr SC for the applicant
D Meredith for the respondent

SOLICITORS:

Guest Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. McMURDO P:  The applicant, Simon Feakes, was originally charged with one count of trafficking in the dangerous drugs, cocaine,[1] 3,4-methylenedioxymethamphetamine (MDMA)[2] and 3,4-methylenedioxyethylamphetamine (MDEA)[3] between 4 May and 15 November 2006 (count 1); 11 counts of supplying drugs (counts 2-12); one count of producing a dangerous drug, cannabis sativa, in excess of 500 grams (count 13); and one count of possessing dangerous drugs (cocaine, cannabis, MDMA, MDEA) in excess of 500 grams (cannabis sativa) and 2.0 grams (cocaine and MDMA) (count 14).  On 28 September 2009 in the Brisbane Supreme Court, he pleaded guilty to counts 1, 13 and 14.  The prosecution accepted those pleas in full discharge of the indictment and did not pursue counts 2-12 which were particulars of count 1.  Feakes was sentenced on count 1 to 10 years imprisonment with a declaration that he was convicted of a serious violent offence; on count 13 to two years concurrent imprisonment; and on count 14 to three years concurrent imprisonment.  He was…

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Details
AGLC
R v Feakes [2009] QCA 376
Case
[2009] QCA 376
Decision Date

CaseChat Overview and Summary

The applicant appealed against his sentence, arguing it was manifestly excessive. He had pleaded guilty to trafficking in dangerous drugs, producing a dangerous drug, and possessing dangerous drugs. The applicant was sentenced to 10 years imprisonment, with a declaration that he was convicted of a serious violent offence for the trafficking count. The applicant claimed the primary judge did not sufficiently consider mitigating factors, including his guilty plea and efforts at rehabilitation, when determining the sentence.

The court examined whether the primary judge appropriately assessed the mitigating factors and if the sentence was manifestly excessive or inadequate. The applicant argued that his guilty plea and rehabilitation efforts warranted a lesser sentence. The court considered the nature and circumstances of the offences, the role of the applicant, and the principles of sentencing.

The court found that the primary judge had given proper consideration to the mitigating factors presented by the applicant. The sentence was deemed appropriate in light of the serious nature of the offences and the need to deter similar conduct. The court held that the sentence was not manifestly excessive and refused the applicant's application for leave to appeal.

Orders

Orders of the court

The application for leave to appeal against sentence is 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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