R v Hughes

Case [2017] QCA 178


SUPREME COURT OF QUEENSLAND

CITATION:

R v Hughes [2017] QCA 178

PARTIES:

R
v

HUGHES, Kelly Anne
(applicant)

FILE NO/S:

CA No 345 of 2016
SC No 74 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 14 November 2016 (Boddice J)

DELIVERED ON:

22 August 2017

DELIVERED AT:

Brisbane

HEARING DATE:

26 May 2017

JUDGES:

Morrison and Philippides JJA and Brown J

ORDER:

The application for leave to appeal is 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 a 25 count indictment where the most serious charge was trafficking in a dangerous drug – where the applicant was sentenced to imprisonment for four years on the trafficking count and other concurrent sentences – where pursuant to the Drugs Misuse Act s 5(2), the applicant was ordered to serve 80 per cent of that sentence before being released on parole – where s 5(2) of the Drugs Misuse Act was repealed after the applicant was sentenced – where the applicant appeals on the ground that the sentence is manifestly excessive – where the applicant refers to the sentences of similar offenders who were involved in the same drug trafficking scheme but were sentenced after s 5(2) of the Drugs Misuse Act was repealed – where the respondent submitted that issues of parity are not relevant – where the applicant claims to have made substantial efforts and successful attempts to rehabilitate – whether the sentence was manifestly excessive – whether, if the application were allowed, the applicant would be subject to s 5(2) of the Drugs Misuse Act as it stood at the time of the original sentence

Criminal Code (Qld), s 668E
Drugs Misuse Act
1986 (Qld), s 5(2)
Serious and Organised Crime Legislation Amendment Act 2016

R v AAH & AAG (2009) 198 A Crim R 1; [2009] QCA 321, followed
R v Borowicz[2016] QCA 211, considered
R v Crossley (1999) 106 A Crim R 80; [1999] QCA 223, followed
R v Farrugia (2011) 32 VR 140; [2011] VSCA 24, distinguished
R v Floyd [2014] 1 Qd R 348; [2013] QCA 74, cited
R v Leathers (2014) 147 A Crim R 137; [2014] QCA 327, followed
R v Meerdink[2010] QCA 273, followed
R v Mikaele[2008] QCA 261, cited
R v Wruck (2014) 239 A Crim R 111; [2014] QCA 39, followed
Radenkovic v The Queen (1990) 170 CLR 623; [1990] HCA 54, followed

COUNSEL:

The applicant appeared on her own behalf
J A Wooldridge for the respondent

SOLICITORS:

The applicant appeared on her own behalf
Director of Public Prosecutions (Queensland) for the respondent

  1. MORRISON JA:  On 18 May 2016, Ms Hughes pleaded guilty to a 25 count indictment:

    (a)count 1: trafficking in a dangerous drug (methylamphetamine);

    (b)count 2: producing a dangerous…

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AGLC
R v Hughes [2017] QCA 178
Case
[2017] QCA 178
Decision Date

CaseChat Overview and Summary

The case of R v Hughes involved the applicant who had pleaded guilty to a 25 count indictment, with the most severe charge being trafficking in a dangerous drug. The applicant was sentenced to a four-year imprisonment term for the trafficking charge and received other concurrent sentences. Pursuant to section 5(2) of the Drugs Misuse Act, the applicant was mandated to serve 80 per cent of the four-year sentence before being eligible for parole. Following the applicant's sentencing, section 5(2) of the Drugs Misuse Act was repealed. The applicant subsequently appealed, contending that the sentence was manifestly excessive, citing the sentences of other offenders involved in the same drug trafficking scheme who were sentenced after the repeal of section 5(2). The respondent argued that considerations of parity were irrelevant, while the applicant claimed to have made substantial rehabilitation efforts. The court had to determine whether the sentence was manifestly excessive and, if the appeal were allowed, whether the applicant would be subject to section 5(2) of the Drugs Misuse Act as it stood at the time of the original sentence.

The court examined whether the sentence imposed was manifestly excessive and considered the applicant's claims of rehabilitation efforts. The court also deliberated on the relevance of the sentences imposed on co-offenders post-repeal of section 5(2) of the Drugs Misuse Act. The respondent's argument that issues of parity were not pertinent was weighed against the applicant's assertion that the sentence was disproportionately harsh. The court assessed the proportionality of the sentence and the relevance of the applicant's rehabilitation efforts in the context of the original sentencing provisions. Ultimately, the court concluded that the sentence was not manifestly excessive and that the applicant's rehabilitation efforts did not warrant a reduction in sentence. The court also determined that if the appeal were allowed, the applicant would not be subject to the repealed section 5(2) of the Drugs Misuse Act.

The court's decision was that the application for leave to appeal was refused. The court found that the sentence was not manifestly excessive and that the applicant's claims of rehabilitation efforts did not justify a reduction in the imposed sentence. Additionally, the court ruled that if the appeal were to be allowed, the applicant would not be subject to section 5(2) of the Drugs Misuse Act as it stood at the time of the original sentence. Consequently, the appeal was dismissed, and the original sentence remained in effect. The court's ruling affirmed the trial court's sentencing decision, upholding the four-year imprisonment term for the trafficking charge and other concurrent sentences.

Orders

Orders of the court

The application for leave to appeal is 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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