SUPREME COURT OF QUEENSLAND
CITATION:
R v Ganley; R v Ganley [2013] QCA 380
PARTIES:
R
v
GANLEY, Dwayne Frank
(applicant)R
v
GANLEY, Wayne John
(applicant)FILE NO/S:
CA No 231 of 2012
CA No 250 of 2012
SC No 38 of 2010
SC No 986 of 2011
SC No 436 of 2012
SC No 438 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Applications
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
17 December 2013
DELIVERED AT:
Brisbane
HEARING DATE:
30 August 2013
JUDGES:
Muir and Fraser JJA and Margaret Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The applications are refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant, Dwayne Frank Ganley, pleaded guilty to various counts of supplying a dangerous drug, possessing a dangerous drug and possession of a thing used in connection with supplying a dangerous drug – where the applicant was sentenced to concurrent terms of four years imprisonment with parole eligibility after 18 months – where the applicant was involved in his brother’s trafficking business along with his father, Wayne John Ganley, but the Crown was unable to ascertain the extent of the applicant’s involvement – where the offences to which the applicant pleaded guilty spanned two indictments – where the applicant committed the second series of offences whilst on bail for the first series of offences – where the applicant was aged between 28 and 29 years at the time of the offending – where the applicant had a relevant criminal history – where the applicant contended that the sentencing judge erred in fixing a parole eligibility date two months after he had served one third of the term of imprisonment – whether setting the applicant’s parole eligibility date after one third of the term of imprisonment rendered the sentence manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant, Wayne John Ganley, pleaded guilty to one count of trafficking in the dangerous drugs methylamphetamine, MDMA and MDA from 1 January 2010 to 18 February 2010, possessing a thing in connection with trafficking in dangerous drugs and a summary weapons offence – where the applicant was sentenced to four years imprisonment for trafficking with parole eligibility after 18 months – where the applicant was aged 54 years at the time of offending, had a minor criminal history and made efforts at rehabilitation – where the applicant contended that insufficient weight was given to his partner’s medical condition and that the sentencing judge incorrectly characterised the extent of his involvement in his son’s trafficking business – where the applicant argued the sentencing judge erred in imposing a parole eligibility date after he had served one third of the term of imprisonment – whether the sentence imposed…
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- Case
- [2013] QCA 380
- Decision Date
CaseChat Overview and Summary
The court examined whether the parole eligibility dates rendered the sentences manifestly excessive. The court considered the nature and extent of the applicants' criminal history, their age, and their efforts towards rehabilitation. The court found that the sentences were not manifestly excessive. The court concluded that the sentences reflected the seriousness of the crimes and that the parole eligibility dates were appropriately set after one third of the term of imprisonment.
The applications for appeal against sentence were refused. The sentences imposed by the primary judge were affirmed, and the applicants' contentions regarding the parole eligibility dates were rejected.
Orders
Orders of the court
The applications are 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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