R v Freeman

The case of R v Freeman involved the applicant appealing against his sentence of four years and six months’ imprisonment with a non-parole period of two years and six months for attempting to possess a marketable quantity of a border controlled drug, and six months’ imprisonment for failing to comply with an order to assist access. The applicant argued that the sentence did not take adequate account of his wife’s ill health and the hardship caused to her by his imprisonment because insufficient information was placed before the sentencing judge. The applicant also contended that the sentencing judge erred in finding his plea of guilty was very late and submitted it was entered at the first reasonable opportunity. The case was heard by the Queensland Court of Appeal.

The court was required to decide whether the applicant’s plea of guilty was entered at the first reasonable opportunity, and whether the sentence was manifestly excessive or inadequate. The court also had to determine whether there would be a miscarriage of justice if the evidence about the applicant’s wife’s health and the hardship caused to his family by his imprisonment was excluded.

The court found that the applicant’s plea of guilty was not entered at the first reasonable opportunity as the indictment charging the applicant with the offences was presented two years before his pleas. The court also found that the sentence was not manifestly excessive, as the sentencing judge had considered the aggravating feature of the additional offence of failing to comply with the direction. Regarding the evidence about the applicant’s wife’s health and the hardship caused to his family, the court held that it was not relevant to the sentencing decision and that its exclusion would not result in a miscarriage of justice.

The court dismissed the application to adduce the evidence of the affidavits of Michael James Freeman and Jennifer Mary Freeman. The court granted the application to adduce the evidence of the affidavit of Shaune Kerry Irving. Finally, the court dismissed the application for leave to appeal against sentence.