SUPREME COURT OF QUEENSLAND
CITATION:
R v Gardner [2015] QCA 70
PARTIES:
R
v
GARDNER, Kristen
(applicant)FILE NO/S:
CA No 260 of 2014
SC No 304 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at BrisbaneDELIVERED ON:
1 May 2015
DELIVERED AT:
Brisbane
HEARING DATE:
15 April 2015
JUDGES:
Margaret McMurdo P and Holmes JA and Applegarth J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for leave to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two counts of producing a dangerous drug, cannabis, in excess of 500 grams – where the applicant was sentenced to three years imprisonment on count 1 and five years imprisonment on count 2, with parole eligibility set after 15 months – where the applicant and his family were involved in large scale cannabis production on a cattle property owned by the applicant’s father – where the applicant assisted in cannabis production at the family property over two distinct periods – where the applicant taught the children present at the property how to maintain, weed and distinguish the sex of the cannabis plants – where the applicant also photographed the activities and assisted in weeding, maintenance and the installation of a water system – where following a police raid, the police found eight different cannabis fields and various sheds containing drying cannabis plants, with a total value of almost $70m – where following the present offences in Queensland, the applicant committed further offences in New South Wales – where the applicant pleaded guilty in the Lismore District Court and was sentenced to four and a half years imprisonment for cultivating and supplying cannabis in a large commercial quantity – where the applicant rehabilitated after his release from prison in New South Wales – where the applicant’s offending occurred between six and nine years before his sentence – whether this long delay should have been taken into account during sentencing – whether the sentence was manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 13A
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, cited
R v L; ex parte Attorney-General(Qld) [1996] 2 Qd R 63; (1995) 84 A Crim R 142; [1995] QCA 444, cited
R v Le Blowitz [1998] 1 Qd R 303; [1996] QCA 451, distinguishedCOUNSEL:
S G Bain for the applicant
D R Meredith for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant, Kristen Gardner pleaded guilty to two counts of producing a dangerous drug, cannabis, in excess of 500 grams. He was sentenced to three years imprisonment on count 1 and five years imprisonment on count 2, with parole eligibility set after 15…
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- Case
- [2015] QCA 70
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the sentence was manifestly excessive or inadequate. The court considered the applicant's involvement in the large scale commercial production of cannabis, his plea of guilty, and the delay in sentencing. The court also considered the applicant's dysfunctional relationship with his father, who was the primary offender, and the applicant's rehabilitation following his imprisonment in New South Wales. The court concluded that the sentence was neither crushing nor excessive, taking into account the totality principle, the applicant's plea of guilty, his limited role, and the insidious influence of his father.
The court refused the application for leave to appeal against sentence, finding that the sentence was appropriate given the nature and seriousness of the offence and the applicant's involvement in the cannabis production business. The court noted that the applicant had voluntarily returned to assist in his father's large scale cannabis business after escaping the influence of his father and finding work in Canada. The court also considered the applicant's subsequent involvement in another large scale commercial cannabis production to fund his family's legal defence on criminal charges. The court found that the sentence reflected the applicant's plea of guilty, his limited role, and the insidious influence of his father, and that it was not manifestly excessive or inadequate.
Orders
Orders of the court
The application for leave to appeal against sentence is refused.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.