R v Gienzendanner

[1992] QCA 182

COURT OF APPEAL [1992] QCA 182

PINCUS JA DAVIES JA McPHERSON JA

CA NO 73 OF 1992

THE QUEEN

v.

DENNY RHETT GIENZENDANNE	Applicant
BRISBANE ... DATE 12/6/92

JUDGMENT
DAVIES JA: The applicant in this case was convicted on 11
February 1992, in the Magistrates Court in Townsville of
possession of a dangerous drug, namely cannabis sativa on 24
January 1992.

He is 18 years of age, having been born on 31 July 1973. He was sentenced by the Magistrate to a fine of $250. The circumstances of the offence were that the applicant, together with two friends Gary and Corry, were found in possession of a foil containing a small amount of marijuana. The applicant's story was that he'd found the marijuana by the roadside, he'd picked it up, all three had decided to smoke the drug, and his two friends fashioned an implement for the purpose of smoking it.

All there offenders cooperated with the police fully, none, including the present applicant had any previous convictions of any kind, and it appears fair to say that it was a single impetuous, perhaps reckless, episode for which they have, each of them, demonstrated remorse.

The other co-offender, or at least one of them, was additionally discharged pursuant to s.675A of the Criminal Code upon being of good behaviour for six months with a $300 recognisance to secure that. There seems, in my view, to be no material difference between the circumstances of the case with respect to this applicant, and those with respect to his co-offenders, notwithstanding that the Magistrate who sentenced the applicant seemed to see some difference. Certainly on the facts before us there was no material difference. I would therefore grant leave, allow the application and discharge the applicant conditionally upon his being of good behaviour for six months with a $300 recognisance.

PINCUS JA: I agree.

McPHERSON JA: I agree.
DAVIES JA: The order will be as I have indicated.

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