SUPREME COURT OF QUEENSLAND
CITATION:
R v Hunt [2016] QCA 297
PARTIES:
R
v
HUNT, Malcolm Lloyd
(applicant)FILE NO/S:
CA No 194 of 2016
SC No 258 of 2015
SC No 260 of 2015
SC No 671 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 23 June 2016DELIVERED ON:
16 November 2016
DELIVERED AT:
Brisbane
HEARING DATE:
7 November 2016
JUDGES:
Margaret McMurdo P and Morrison JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave to appeal against sentence granted.
2. Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – PARITY BETWEEN CO-OFFENDERS AND OTHER RELATED OFFENDERS – where the applicant was sentenced to seven years imprisonment for trafficking methylamphetamine, lesser concurrent terms of imprisonment for indictable drug offences and an accessory after the fact offence, and 12 months cumulative imprisonment for four counts of unlawful possessing of a motor vehicle – where parole eligibility was fixed at one third of the eight year sentence – where the applicant contends he has a justifiable sense of grievance when comparing his sentence to his co-offenders, Michael Baradel and Stephen Rae – where Baradel did not have a relevant criminal history, was younger than the applicant, trafficked for a shorter period than the applicant and was only sentenced on drug offences – where Rae was sentenced for the additional offence of extortion but provided significant co-operation to police, trafficked at a lower level than the applicant and did not produce methylamphetamine – whether the applicant had a justifiable sense of grievance when comparing his sentence to Baradel and Rae
R v Baradel[2016] QCA 114, related
R v Barton[2006] QCA 367, cited
R v Hennig[2010] QCA 244, cited
R v Rae[2016] QCA 228, related
R v Taylor[2006] QCA 459, cited
R v Tout[2012] QCA 296, cited
R v Ungvari[2010] QCA 134, citedCOUNSEL:
S M Ryan QC for the applicant
D R Kinsella for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant, Malcolm Hunt, pleaded guilty on 23 June 2016 to accessory after the fact to dangerous conduct with a weapon in May 2013; four counts of unlawful possessing of a motor vehicle between May and July 2013; trafficking in methylamphetamine between 5 May and 24 October 2013; producing methylamphetamine between 9 and 13 May 2013; permitting use of a place for producing methylamphetamine on 8 September 2013; possessing methylamphetamine on 23 October 2013; possessing things used in connection with supplying a dangerous drug on 23 October 2013; and summary offences of disqualified driving, possessing utensils and pipes; possessing a restricted drug and possessing explosives without authority, all on 23 October 2013.
He was sentenced…
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- AGLC
- R v Hunt [2016] QCA 297
- Case
- [2016] QCA 297
- Decision Date
CaseChat Overview and Summary
The court first considered whether the applicant had a justifiable sense of grievance in relation to his sentence. It examined the relevant criminal history, age, duration of trafficking, and specific offences of each offender. The court found that while the applicant and Baradel trafficked at a similar level, the applicant was older, trafficked for a longer period, and had a more extensive criminal history. Additionally, the applicant was sentenced on multiple offences, including motor vehicle offences and being an accessory after the fact, whereas Baradel was sentenced only on drug offences. Regarding Rae, the court found that his significant co-operation with police and rehabilitation warranted a lesser sentence. The court concluded that, considering all the circumstances, the applicant's sentence did not give rise to a justifiable sense of grievance.
The Court of Appeal dismissed the applicant's appeal against his sentence. The court found that the sentence was appropriate given the applicant's criminal history, the nature of his offences, and the comparison to his co-offenders. The court granted leave to appeal but dismissed the appeal, affirming the original sentence.
ORDERS:
1. Application for leave to appeal against sentence granted.
2. Appeal dismissed.
Orders
Orders of the court
1. Application for leave to appeal against sentence granted.
2. Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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