SUPREME COURT OF QUEENSLAND
CITATION:
R v Hesketh; ex parte A-G (Qld) [2004] QCA 116
PARTIES:
R
v
HESKETH, Louise Jane
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 411 of 2003
SC No 89 of 2003DIVISION:
Court of Appeal
PROCEEDING:
Sentence Appeal by A-G (Qld)
ORIGINATING COURT:
Supreme Court at Cairns
DELIVERED ON:
23 April 2004
DELIVERED AT:
Brisbane
HEARING DATE:
14 April 2004
JUDGES:
McPherson and Williams JJA and Holmes J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Appeal allowed
2. The indictment is to be amended by deleting the word “amphetamine” and inserting in lieu thereof “methylamphetamine”
3. Set aside the sentence below and in lieu thereof order that the respondent be imprisoned for two and a half years to be suspended as from 27 August 2004 with an operational period of five years to run from 27 November 2003
4. Order that a warrant issue for the arrest of the respondent but order that it lie in the Registry for a period of 72 hours
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OTHER OFFENCES – where respondent convicted of possessing more than two grams of methylamphetamine – where sentenced to 12 months imprisonment to be served by way of intensive correction order – where extensive drug-related criminal history – whether sentence imposed manifestly inadequate
Penalties and Sentences Act 1992 (Qld), s 113
R v Campbell [2002] QCA 109; CA No 315 of 2001, 21 March 2002, considered
R v Christie [2000] QCA 165; CA No 430 of 1999, 8 May 2000, cited
R v Kennedy [2000] QCA 140; CA No 23 of 2000, 14 April 2000, cited
R v Skinner; ex parte A-G (Qld) [2001] 1 Qd R 322; [1999] QCA 521; CA No 307 of 1999, 17 December 1999, consideredCOUNSEL:
M J Copley for the appellant
A W Moynihan for the respondentSOLICITORS:
Director of Public Prosecutions (Queensland) for the appellant
Legal Aid Queensland for the respondent
McPHERSON JA: I agree with the reasons of Williams JA and the orders he proposes for disposing of this appeal.
WILLIAMS JA: The respondent pleaded guilty in the Supreme Court at Cairns on 27 November 2003 to a charge of possessing methylamphetamine with a circumstance of aggravation, namely that the quantity of methylamphetamine exceeded two grams. The prosecution did not proceed on the additional charge on the indictment, namely that the respondent had in her possession scales, clip seal bags and a sum of money used in connection with the commission of the crime of possession of a dangerous drug, but there was no challenge before the sentencing judge to the fact that such items were found in the respondent's possession at the material time. Though the prosecution…
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- Case
- [2004] QCA 116
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the Court was whether the sentence imposed was manifestly inadequate. The Court considered the statutory framework under which the sentence was imposed, as well as the principles of sentencing for drug offences. It was necessary to determine whether the sentence reflected the gravity of the offence and the respondent's criminal history.
The Court concluded that the sentence was indeed manifestly inadequate. It took into account the respondent's extensive history of drug-related offences and the significant quantity of the drug involved. The Court noted that the sentence did not adequately reflect the seriousness of the crime or the need to deter future offending. As a result, the appeal was allowed, and the original sentence was set aside. Instead, the respondent was to be imprisoned for two and a half years, suspended from 27 August 2004, with an operational period of five years starting from 27 November 2003. The Court also ordered a warrant for the respondent's arrest, though it was to remain in the registry for 72 hours.
Orders
Orders of the court
1. Appeal allowed
2. The indictment is to be amended by deleting the word “amphetamine” and inserting in lieu thereof “methylamphetamine”
3. Set aside the sentence below and in lieu thereof order that the respondent be imprisoned for two and a half years to be suspended as from 27 August 2004 with an operational period of five years to run from 27 November 2003
4. Order that a warrant issue for the arrest of the respondent but order that it lie in the Registry for a period of 72 hours
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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