R v Gordon

[2016] QCA 10

SUPREME COURT OF QUEENSLAND

CITATION:

R v Gordon [2016] QCA 10

PARTIES:

R
v
GORDON, Stuart Raymond McFarlan
(applicant)

FILE NO/S:

CA No 84 of 2015
SC No 815 of 2014
SC No 817 of 2014
SC No 175 of 2015

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 1 May 2015

DELIVERED ON:

5 February 2016

DELIVERED AT:

Brisbane

HEARING DATE:

28 September 2015

JUDGES:

Fraser and Gotterson and Philip McMurdo JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence 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 numerous offences, including unlawful trafficking in cannabis and methylamphetamine – where the applicant pleaded guilty to 14 counts on Indictment 815 of 2014, one count on Indictment 817 of 2014, and a summary charge on 1 May 2015 at the Supreme Court at Brisbane – where the applicant was sentenced to eight years’ imprisonment on Count 1, ten years’ imprisonment and a serious violent declaration was made on Count 2, and two years’ imprisonment on Count 3 – where the applicant was not punished for Counts 4 to 14 – where the applicant filed an application for leave to appeal sentence – where the sole ground of appeal was that the sentence was manifestly excessive – where it was contended that the learned sentencing judge failed to place sufficient weight on one, or more in combination of the applicants age at the time of his offending, the absence of violence in the applicant’s offending, and an absence of an extravagant lifestyle or accumulation of assets reflective of a lack of business sophistication on the part of the applicant – whether the sentence was manifestly excessive

Corrective Services Act 1992 (Qld), s 182
Crimes (Currency) Act 1981 (Cth), s 9(1)(a)
Drugs Misuse Act 1986 (Qld)
Penalties and Sentences Act 1992 (Qld), s 161A

House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
R v Feakes[2009] QCA 376, considered
R v Galeano [2013] 2 Qd R 464; [2013] QCA 51, distinguished
R v Rodd; Ex parte Attorney-General (Qld)[2008] QCA 341, considered

COUNSEL:

D H James for the applicant
D L Meredith for the respondent

SOLICITORS:

Lawler Magill for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. FRASER JA:  I agree with the reasons for judgment of Gotterson JA and the order proposed by his Honour.

2. GOTTERSON JA:  On 1 May 2015, the applicant, Stuart Raymond McFarlan Gordon, pleaded guilty to 14 counts on Indictment 815 of 2014,[1] one count on Indictment 817 of 2014,[2] and a summary charge. Counts 1 and 2 on the multi-count indictment alleged unlawful trafficking in cannabis and methylamphetamine respectively during the period 31 July 2009 to 8…