SUPREME COURT OF QUEENSLAND
CITATION: R v Ianculescu [1999] QCA 439 PARTIES: R
v
IANCULESCU, Costea
(Applicant/Appellant)FILE NO/S: CA No 194 of 1999 SC No 143 of 1999 DIVISION: Court of Appeal PROCEEDING: Application for leave to appeal against sentence ORIGINATING Supreme Court at Brisbane COURT: DELIVERED ON: 22 October 1999 DELIVERED AT: Brisbane HEARING DATE: 16 September 1999 JUDGES: Pincus JA (diss in part), Ambrose and Cullinane JJ ORDER: Application for leave to appeal against sentence granted. Appeal allowed, but only to the extent of setting aside the sentences on each of counts 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15. CATCHWORDS: CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – FACTUAL BASIS FOR SENTENCE – PROOF OF EVIDENCE – STANDARD OF PROOF – relevant principles – s 13A
Penalties and Sentences Act 1992CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – OTHER MATTERS - QUEENSLAND – amendment of sentencing legislation – application to offences committed prior to commencement – Criminal Code s 2 s 11(2); s 567(3) - Acts Interpretation Act 1954 s 20C(1) - Penalties and Sentences Act 1992 Pt 9A; s 180 STATUTES – ACTS OF PARLIAMENT – OPERATION AND EFFECT OF STATUTES – PARTICULAR CLASSES OF STATUTE – PENAL – PUNISHMENT AND PENALTY –
amendment of sentencing legislation – application to offences committed prior to commencement – Criminal Code s 11(2) - Acts Interpretation Act 1954 s 20C(1) – Penalties and Sentences Act 1992 Pt 9A; s 180
Abdo CA No 186 of 1991, 5 December 1991
Buciuman, Buciuman and Dobrovolski CA No’s 342, 343
and 346 of 1996, 3 October 1996
D CA No 13 of 1995, 4 August 1995; [1995] QCA 332
Dossi (1918) 87 LJKB 1024
Elhusseini [1988] 2 Qd R 442
Giretti and Giretti (1986) 24 A Crim R 112
Inkerman CA No 294 of 1997, 29 August 1997
Kiripatea [1991] 2 Qd R 686
Mallard and White CA No. 450 and 452 of 1997, 17 April1998; [1998] QCA 59 Malvaso (1989) 168 CLR 227 Mason and Saunders [1998] 2 Qd R 186
Tran CA No 111 of 1996, 20 May 1996
Truong CA No 438 of 1998, 19 February 1999; [1999] QCA
21
S CA No 462 of 1998, 10 August 1999; [1999] QCA 311
COUNSEL: Mr A J Glynn SC for the applicant/appellant
Mr D L Bullock for the respondentSOLICITORS: Price & Roobottom for the applicant/appellant
Director of Public Prosecutions (Queensland) for the
respondent
PINCUS JA: It is, perhaps, an indication of the unwillingness of drug dealers to give the authorities information about those with whom they have been dealing that we were referred to no authority in which the effect of co-operation of that kind was discussed. The only Queensland case which I have found containing such discussion is D (CA No…
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- AGLC
- R v Ianculescu [1999] QCA 439
- Case
- [1999] QCA 439
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the sentences on counts 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 were manifestly excessive. The court held that the trial judge failed to take into account the factual basis for the sentence and did not adequately consider the proof of evidence. The court held that the sentences were excessive because they did not reflect the relative seriousness of the offences, and the totality principle was not properly applied. The court noted that the sentence imposed was at the higher end of the range, and the trial judge did not provide adequate reasons for the sentence. The court concluded that the sentences were manifestly excessive and set them aside.
The Court of Appeal granted leave to appeal against the sentence. The appeal was allowed to the extent of setting aside the sentences on counts 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15. The sentences on counts 1 and 16 were not challenged on appeal and were affirmed. The Court of Appeal remitted the matter to the County Court for resentencing on counts 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15.
Orders
Orders of the court
Application for leave to appeal against sentence granted. Appeal allowed, but only to the extent of setting aside the sentences on each of counts 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15.
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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