R v Frith

[2017] QCA 143

SUPREME COURT OF QUEENSLAND

CITATION:

R v Frith [2017] QCA 143

PARTIES:

R
v
FRITH, Robert Benjamin
(applicant)

FILE NO/S:

CA No 353 of 2016
SC No 102 of 2016
SC No 103 of 2016
SC No 104 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Mackay – Date of Sentence: 24 November 2016

DELIVERED ON:

23 June 2017

DELIVERED AT:

Brisbane

HEARING DATE:

30 May 2017

JUDGES:

Morrison and McMurdo JJA and Boddice J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Leave to appeal be granted.

2.   The appeal against sentence be allowed.

3.   Sentence varied by substituting a sentence of 5 years, suspended after the applicant has served 3.5 years, for an operational period of 5 years, on the count of trafficking in dangerous drugs.

4.   The other sentences imposed on 24 November 2016 are otherwise confirmed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERALLY – where the applicant was sentenced to imprisonment for six years for trafficking in dangerous drugs – where the application of Drugs Misuse Act 1986 (Qld) s 5(2) meant that the applicant must then serve 80 per cent of that sentence – where the applicant contends that the sentence imposed is manifestly excessive – where the applicant contends that the sentencing Judge failed to have proper regard to the applicant’s rehabilitation – where the applicant contends that the sentencing Judge erred in imposing a sentence which enlivened the provisions of Drugs Misuse Act 1986 (Qld) s 5(2) – where the evidence before the sentencing Judge demonstrated that the applicant had been rehabilitated – whether the sentence imposed was manifestly excessive – whether a lack of regard to the applicant’s rehabilitation infected the sentencing discretion

Drugs Misuse Act 1986 (Qld), s 5(2)
Penalties and Sentences Act 1992 (Qld), s 144

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, applied
R v Barton [2006] QCA 367, applied
R v Briggs [2012] QCA 291, considered
R v Brookes[2017] QCA 63, considered
R v Clark[2016] QCA 173, considered
R v Hunt[2016] QCA 297, considered
R v Neilson[2014] QCA 221, cited
R v Prendergast[2012] QCA 164, considered
R v Vailea (Sentence, Unreported, Henry J, Supreme Court at Mackay, 14 October 2016), considered

COUNSEL:

The applicant appeared on his own behalf
J A Wooldridge for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. MORRISON JA:  I have read the reasons of Boddice J and agree with those reasons and the orders his Honour proposes.

2. McMURDO JA:  I agree with Boddice J.

3. BODDICE J:  On 24 November 2016, the applicant pleaded guilty to one count of supplying the dangerous drug methylamphetamine, one count of trafficking in the dangerous drug methylamphetamine, one count of possessing…