R v JZ

[2017] QCA 65

SUPREME COURT OF QUEENSLAND

CITATION:

R v JZ [2017] QCA 65

PARTIES:

R
v
JZ
(applicant)

FILE NO/S:

CA No 367 of 2016
SC No 1522 of 2016
SC No 856 of 2015

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 5 December 2016

DELIVERED ON:

18 April 2017

DELIVERED AT:

Brisbane

HEARING DATE:

11 April 2017

JUDGES:

Sofronoff P and Gotterson JA and Douglas J
Judgment of the Court

ORDER:

The application 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 trafficking in methylamphetamine over an 18 month period and six other drug related offences, including producing methylamphetamine, possession of a weapon and possession of various dangerous drugs – where the applicant was sentenced to six years for the drug trafficking offence and two years or less for each of the other indictable offences, served concurrently – where the applicant also pleaded guilty to 13 summary charges including driving without a licence whilst disqualified by a court order – where the applicant was disqualified from holding or obtaining a driver’s licence for a period of four years – where the sentencing judge took into account the other summary offences in sentencing the indictable offences, but no further penalty was imposed – where the applicant contends the sentencing judge made errors of fact in the sentencing remarks – where the applicant disputes an inference of the sentencing judge that the appellant’s traffic history showed a “complete disregard of the law” – where the applicant argues that the danger to which he has been exposed by his willingness to cooperate with authorities was not taken into account by the sentencing judge – where the applicant’s trial counsel had broadly agreed with the sentence which was eventually imposed – whether the sentence was manifestly excessive

R v Gladkowski (2000) 115 A Crim R 446, [2000] QCA 352, cited

COUNSEL:

The applicant appeared on his own behalf
P J McCarthy for the respondent

SOLICITORS:

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

1. THE COURT:  The applicant pleaded guilty to the following charges:

   Count 1    - Trafficking in dangerous drugs, namely methylamphetamines;

   Count 2    - Producing a dangerous drug, namely methylamphetamine;

   Count 3    - Possession of a category R weapon, namely a stun grenade;

   Count 9- Possession of a dangerous drug, namely methamphetamine in a quantity exceeding 2g;

   Count 10- Possession of a dangerous drug, namely 3,4-methylenedioxymethamphetamine;

   Count 11  -          Possession of a dangerous drug, namely heroin;

   Count 12  - Possession of a dangerous drug, namely cannabis.

2. The applicant also pleaded guilty to 13 summary charges which it is not necessary to set out in detail; they concerned possession of property suspected of being the proceeds of an offence under the Drugs Misuse Act, several counts of possession of dangerous drugs or controlled or…