SUPREME COURT OF QUEENSLAND
CITATION:
R v Hermansson & Ali [2021] QSC 152
PARTIES:
R
v
KERSTIN PLEIADES HERMANSSON
(first defendant)
HEGRAN ALI(second defendant)
FILE NO/S:
Indictment No 1978 of 2018
DIVISION:
Trial Division
PROCEEDING:
Contested Sentence
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
25 June 2021
DELIVERED AT:
Brisbane
HEARING DATE:
25, 26 May 2021
JUDGE:
Martin J
CATCHWORDS:
CRIMINAL LAW – SENTENCING PROCEDURE – FACTUAL BASIS FOR SENTENCE – GENERALLY – where both defendants pleaded guilty to trafficking in the dangerous drug methylamphetamine with a circumstance of aggravation – where the Crown does not accept numerous matters relied upon by both defendants as true – where Hermansson argues she should be sentenced on the basis that she acted entirely at the discretion of Sarhan and did not exert any influence over the management and direction of the business – where Hermansson argues she should be sentenced on the basis of her place within the family unit – where Hermansson argues she should be sentenced on the basis that she decided to commit the offence because she felt she had no choice due to the domestic violence – where Hermansson argues she should be sentenced on the basis that she travelled to Sydney on only five occasions – where Ali argues she should be sentenced on the basis that she was not involved in debt recovery – where Ali argues she should be sentenced on the basis that she did not benefit financially from her involvement – where Ali argues she should be sentenced on the basis that she only dealt with Brown only on occasion – where Ali argues she should be sentenced on the basis that she decided to commit the offence because she felt she had no choice due to the domestic violence – where Ali argues she should be sentenced on the basis that she protested against the offending and her involvement over the period of trafficking – whether the court is satisfied on the balance of probabilities that the allegations are true
Evidence Act 1977, s 132C
Migration Act 1958 (Cth), s 501
Penalties and Sentences Act 1992, s 9, s 161RBriginshaw v Briginshaw (1938) 60 CLR 336
Pearce v The Queen (1998) 194 CLR 610
R v Dwyer [2008] QCA 117
R v Feakes [2009] QCA 376
R v Field [2017] QCA 188
R v GBD [2018] QCA 340
R v Lowien [2020] QCA 186
R v UE [2016] QCA 58COUNSEL:
C Marco for the Crown
S Lynch for the first defendantC Minnery for the second defendant
SOLICITORS:
Office of the Director of Public Prosecutions for the Crown
Aitken Whyte Lawyers for the first defendantFuller & White Solicitors for the second defendant
Each defendant has pleaded guilty to the offence of carrying on the business of unlawfully trafficking in the dangerous drug methylamphetamine, while being participants in a criminal organisation, and while knowing that the offence was being committed in…
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- R v Hermansson and Ali [2021] QSC 152
- Case
- [2021] QSC 152
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