R v Galeano

Case [2013] QCA 51


SUPREME COURT OF QUEENSLAND

CITATION:

R v Galeano [2013] QCA 51

PARTIES:

R
v
GALEANO, Salvatore Mario
(applicant)

FILE NO/S:

CA No 88 of 2012
SC No 36 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

19 March 2013

DELIVERED AT:

Brisbane

HEARING DATE:

27 September 2012

JUDGES:

Margaret McMurdo P and Gotterson JA and McMeekin J
Separate reasons for judgment of each member of the Court, Margaret McMurdo P and Gotterson JA concurring as to the orders made, McMeekin J dissenting

ORDERS:

Grant application for leave to appeal against sentence.1.    

Allow appeal to the extent of:2.    

substituting a term of nine years imprisonment for the term imposed at sentence; and(a)   

fixing the applicant’s parole eligibility date at 11 May 2016.(b)    

Otherwise affirm the orders made at sentence.3.   

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where applicant sentenced to a period of imprisonment of 10 years – where the sentencing judge considered a range from 10 to 12 years to be appropriate – whether this was manifestly excessive with regard to the authorities – whether the period of imprisonment imposed was manifestly excessive with regard being given to the applicant’s mitigating factors of cooperation with the authorities and injuries suffered during the course of the applicant’s arrest

Corrective Services Act 2006 (Qld), s 182
Penalties and Sentences Act 1992 (Qld), s 13A, s 161A, s 161B(1)

Malvaso v The Queen (1989) 168 CLR 227; [1989] HCA 58, cited
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, applied
R v AAN
[2010] QCA 313, applied
R v Bradforth
[2003] QCA 183, cited
R v Christensen
[2002] QCA 113, cited
R v D; ex-parte Attorney-General (Qld) [1995] QCA 332, cited
R v George [2001] QCA 135, cited
R v Gladkowski (2000) 115 A Crim R 446; [2000] QCA 352, considered
R v Kashton [2005] QCA 70, cited
R v Noble and Verheyden [1996] 1 Qd R 329; [1994] QCA 283, distinguished
R v Pang (1999) 105 A Crim R 474; [1999] NSWCCA 4, cited
R v Raciti [2004] QCA 359, cited

COUNSEL:

P J Davis SC for the applicant
B J Merrin for the respondent

SOLICITORS:

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

  1. MARGARET McMURDO P: I agree with Gotterson JA's reasons for granting the application for leave to appeal against sentence and allowing the appeal and with his Honour's proposed orders.

  1. GOTTERSON JA: On 28 March 2012, the applicant, Salvatore Mario Galeano, pleaded guilty to a single count that between 30 April 2006 and 3 August 2008, he carried on the business of unlawfully trafficking in dangerous drugs and thereby committed a crime under s 5 of the Drugs Misuse Act 1986 (“DM Act”).…

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AGLC
R v Galeano [2013] QCA 51
Case
[2013] QCA 51
Decision Date

CaseChat Overview and Summary

The case of R v Galeano involved an appeal against sentence by the applicant, who had been sentenced to a period of imprisonment of 10 years by the sentencing judge. The court was required to determine whether the sentence imposed was manifestly excessive or inadequate in light of the legal principles and authorities. The applicant argued that the sentence was manifestly excessive given the mitigating factors, such as their cooperation with the authorities and the injuries they suffered during their arrest. The court had to weigh these factors against the severity of the crime and the need for deterrence and retribution.

The court considered the grounds for interference with the sentence, focusing on whether the sentence was manifestly excessive or inadequate. The court noted that the sentencing judge had considered a range from 10 to 12 years to be appropriate. The court examined the authorities and found that the sentence imposed by the judge fell within the range considered appropriate. However, the court also took into account the mitigating factors presented by the applicant, such as their cooperation with the authorities and the injuries suffered during the arrest. The court held that these factors warranted a reduction in the sentence, leading to the conclusion that the sentence was indeed manifestly excessive.

After thorough consideration of the arguments and authorities, the court granted the application for leave to appeal against the sentence. The court allowed the appeal to the extent of substituting a term of nine years imprisonment for the term imposed at sentence and fixing the applicant's parole eligibility date at 11 May 2016. The court otherwise affirmed the orders made at sentence. This decision reflects the court's careful balancing of the severity of the crime, the need for deterrence and retribution, and the mitigating factors presented by the applicant.

Orders

Orders of the court

Grant application for leave to appeal against sentence.1.

Allow appeal to the extent of:2.

substituting a term of nine years imprisonment for the term imposed at sentence; and(a)

fixing the applicant’s parole eligibility date at 11 May 2016.(b)

Otherwise affirm the orders made at sentence.3.

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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