SUPREME COURT OF QUEENSLAND
CITATION:
R v Guthrie [2002] QCA 509
PARTIES:
R
v
GUTHRIE, Graeme Leslie
(applicant)FILE NO/S:
CA No 248 of 2002
SC No 418 of 2001
SC No 443 of 2001DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
26 November 2002
DELIVERED AT:
Brisbane
HEARING DATE:
14 November 2002
JUDGES:
de Jersey CJ, Williams JA and Mullins J
Separate reasons for judgment of each member of the court, each concurring as to the order madeORDER:
Application refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – PROPERTY OFFENCES – where applicant sentenced for series of drug and drug related offences including 9 years’ imprisonment for trafficking dangerous drugs with serious violent offence declaration – whether declaration under s 161 Penalties and Sentences Act 1992 (Qld) should have been made with respect to presentence custody – where s 161(4) did not apply as part of custody was in respect of interstate warrants
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – PROPERTY OFFENCES – whether serious violent offence declaration made sentence manifestly excessive – relatively little weight given to poor health of applicant did not make sentence manifestly excessive – principle of parity in sentencing was adhered to as applicant had greater criminality than co-offender – sentence not manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 161, s 161(1), s 161(4), s 161B(3)(b)
R v Bojovic [2000] 2 Qd R 183, considered
R v Fox [1998] QCA 121; CA No 50 of 1998, 12 June 1998, followed
R v Irlam; ex parte A-G (Qld) [2002] QCA 235; CA 157 of 2002, CA 173 of 2002; 28 June 2002, referred to
R v Massey [2002] QCA 312; CA 60 of 2002, 23 August 2002, referred toCOUNSEL:
A Vasta QC for the applicant
DL Meredith for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
de JERSEY CJ
: I have had the advantage of reading the reasons for judgment of Mullins J. I agree that the application should be refused, for the reasons expressed by her Honour.
WILLIAMS JA: I have had the advantage of reading the reasons for judgment of Mullins J, and I agree with them and with the order proposed.
The facts of the case do, however, raise concerns about the effectiveness in practice of s 161(4) of the Penalties and Sentences Act 1992.
It was obviously the intention of the legislature in enacting s 161 that a declaration that time spent in custody should be counted as part of the sentence was a preferable approach to that previously adopted by sentencing judges…
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- R v Guthrie [2002] QCA 509
- Case
- [2002] QCA 509
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CaseChat Overview and Summary
The legal issues before the court were whether the serious violent offence declaration should have been made in respect of the presentence custody and whether the sentence was manifestly excessive. The court considered the provisions of section 161 of the Penalties and Sentences Act 1992 (Qld) and the principles of parity in sentencing. The court also examined the applicant's health and criminality in relation to their co-offender.
The court held that the declaration under section 161 was appropriately made because section 161(4) did not apply as part of the presentence custody was in relation to interstate warrants. The court also found that the sentence was not manifestly excessive. The relatively little weight given to the applicant's poor health did not make the sentence manifestly excessive. The principle of parity in sentencing was adhered to, as the applicant had greater criminality than their co-offender. Therefore, the application to reduce the sentence was refused.
Application refused.
Orders
Orders of the court
Application 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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