SUPREME COURT OF QUEENSLAND
CITATION:
R v Hermansson; R v Ali [2022] QCA 243
PARTIES:
In CA No 176 of 2021:
R
v
HERMANSSON, Kerstin Pleiades
(first applicant)In CA No 179 of 2021:
R
v
ALI, Hegran
(second applicant)FILE NO/S:
CA No 176 of 2021
CA No 179 of 2021
SC No 1978 of 2018DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 25 June 2021 (Martin J)
DELIVERED ON:
2 December 2022
DELIVERED AT:
Brisbane
HEARING DATE:
3 May 2022
JUDGES:
Bowskill CJ and Mullins JA and Boddice J
ORDERS:
In CA No 176 of 2021:
(a) leave to appeal be granted;
(b) the appeal against the base sentence of 10 years be allowed;
(c) the base sentence be set aside;
(d) the appellant be imprisoned for a period of nine and a half years for the base sentence;
(e) the mandatory sentence of a cumulative seven years’ imprisonment pursuant to s 161R of the Penalties and Sentences Act 1992 which must be served wholly in a Corrective Services facility be confirmed;
(f) the appellant be eligible for parole at 26 May 2033;
(g) it is declared that 555 days spent in pre-sentence custody between 26 May 2021 and 1 December 2022 is taken to be imprisonment already served under the sentence.
In CA No 179 of 2021:
(a) leave to appeal be granted;
(b) the appeal against the base sentence of eight years’ imprisonment be allowed;
(c) the base sentence be set aside;
(d) the appellant be imprisoned for a period of six years for the base sentence;
(e) the mandatory sentence of a cumulative seven years’ imprisonment pursuant to s 161R of the Penalties and Sentences Act1992 which must be served wholly in a Corrective Services facility be confirmed;
(f) the appellant be eligible for parole at 26 November 2029;
(g) it is declared that 555 days spent in pre-sentence custody between 26 May 2021 and 1 December 2022 is taken to be imprisonment already served under the sentence.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the first applicant (“Hermansson”) pleaded guilty to trafficking in the dangerous drug methylamphetamine with a serious organised crime circumstance of aggravation – where Hermansson was sentenced to a period of ten years of imprisonment with a period of seven years being cumulatively imposed pursuant to s 161R of the Penalties and Sentences Act1992 – where Hermansson was a mature offender, having minor criminal history in Queensland and New Zealand – where Hermansson is a New Zealand citizen – where the trafficking business was sophisticated with members of the family having individual roles – where the trafficking business was substantial, sourcing and distributing at least 12 kilograms of methylamphetamine – where an issue at the contested sentencing hearing was the nature and circumstances of Hermansson’s involvement in the business – where Hermansson travelled to Sydney…
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- Case
- [2022] QCA 243
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the trafficking business, which was sophisticated and substantial, involving multiple family members. Hermansson, a mature offender with minor criminal history, played a significant role in the business, influencing its direction and management. Ali, a young offender with minor criminal history, was involved due to cultural and financial pressures. The court found that while the sentences were severe, they were proportionate given the gravity of the offences and the applicants' roles within the trafficking organisation. The court did not consider the hardship of deportation as a relevant factor since no such submission was made at the sentencing hearing. The court concluded that the sentences were not manifestly excessive and dismissed the appeals.
In conclusion, leave to appeal was granted for both applicants. The court allowed the appeal against Hermansson's base sentence, reducing it to nine and a half years, and confirmed the cumulative seven-year sentence. For Ali, the court allowed the appeal against the base sentence, reducing it to six years, and also confirmed the cumulative seven-year sentence. The court declared that the time spent in pre-sentence custody would be counted towards the sentences served.
Orders
Orders of the court
In CA No 176 of 2021:
(a) leave to appeal be granted;
(b) the appeal against the base sentence of 10 years be allowed;
(c) the base sentence be set aside;
(d) the appellant be imprisoned for a period of nine and a half years for the base sentence;
(e) the mandatory sentence of a cumulative seven years’ imprisonment pursuant to s 161R of the Penalties and Sentences Act 1992 which must be served wholly in a Corrective Services facility be confirmed;
(f) the appellant be eligible for parole at 26 May 2033;
(g) it is declared that 555 days spent in pre-sentence custody between 26 May 2021 and 1 December 2022 is taken to be imprisonment already served under the sentence.
In CA No 179 of 2021:
(a) leave to appeal be granted;
(b) the appeal against the base sentence of eight years’ imprisonment be allowed;
(c) the base sentence be set aside;
(d) the appellant be imprisoned for a period of six years for the base sentence;
(e) the mandatory sentence of a cumulative seven years’ imprisonment pursuant to s 161R of the Penalties and Sentences Act 1992 which must be served wholly in a Corrective Services facility be confirmed;
(f) the appellant be eligible for parole at 26 November 2029;
(g) it is declared that 555 days spent in pre-sentence custody between 26 May 2021 and 1 December 2022 is taken to be imprisonment already served under the sentence.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: BOWSKILL CJ
Full text does not contain this section.