R v Gabbert

[2010] QCA 133

SUPREME COURT OF QUEENSLAND

CITATION:

R v Gabbert [2010] QCA 133

PARTIES:

R
v
GABBERT, Scott Andrew
(applicant)

FILE NO/S:

CA No 44 of 2010
SC No 8 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

4 June 2010

DELIVERED AT:

Brisbane

HEARING DATE:

25 May 2010

JUDGES:

Holmes and Muir JJA and McMeekin J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.    Allow the application for leave to appeal;

2.    Allow the appeal;

3.    Set aside the sentences imposed at first instance and substitute for each a sentence of 18 months imprisonment with a parole release date fixed at 19 August 2010.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – applicant pleaded guilty to two counts of unlawfully supplying the dangerous drug methylamphetamine – applicant sentenced to two and a half years imprisonment on each count with a parole release date of 19 December 2010 – applicant supplied the drug to an undercover police officer – count 1 involved supply of 0.102 grams of pure methylamphetamine for $900 – count 2 involved supply of 0.068 grams of pure methylamphetamine for $380 – sentencing judge found applicant was supplying the drug commercially – applicant had a significant criminal history and was a repeat offender – applicant had a troubled childhood – applicant had a lengthy history of drug use – whether sentence manifestly excessive

R v Anable[2005] QCA 208, considered
R v Bagnall[2005] QCA 20, considered
R v Daly (2004) 147 A Crim R 440; [2004] QCA 385, considered
R v Duggan[2004] QCA 442, considered
R v Kunst [2003] 2 Qd R 98; [2002] QCA 400, considered
R v L[2002] QCA 485, cited
R v Neave [1995] QCA 342, considered
R v Robinson[2008] QCA 365, considered

COUNSEL:

A Collins for the applicant
A Anderson for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1.   HOLMES JA:I agree with the reasons of Muir JA and the orders he proposes.

1. MUIR JA:  Introduction

The applicant pleaded guilty in the Supreme Court in Townsville and was convicted on 19 February 2010 of one count of unlawfully supplying the dangerous drug methylamphetamine on 5 September 2008 (count 1) and one count of unlawfully supplying the dangerous drug methylamphetamine on 12 September 2008 (count 2).  He was sentenced to a term of imprisonment of two and a half years on each count with a parole release date of 19 December 2010.

The offending conduct

1. In the course of a covert police operation, a police officer (Kennedy), formed an association with a third party (Hollis).  Hollis was approached on 5 September 2008 by Kennedy with a request to purchase methylamphetamine.  Later that day, Kennedy and Hollis met the applicant at…