R v Kalaja

[2017] QCA 123

SUPREME COURT OF QUEENSLAND

CITATION:

R v Kalaja [2017] QCA 123

PARTIES:

R
v
KALAJA, Peter Frank
(applicant)

FILE NO/S:

CA No 240 of 2016
SC No 738 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 19 August 2016

DELIVERED ON:

9 June 2017

DELIVERED AT:

Brisbane

HEARING DATE:

27 March 2017

JUDGES:

Fraser JA and Mullins and Flanagan JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.     Application for leave to appeal against sentence granted.

2.     Appeal against sentence allowed.

3.     Sentence varied by substituting a sentence of imprisonment of five years 10 months for the sentence of imprisonment of seven years on count 1.

4.     The other sentences and orders made on the sentencing on 19 August 2016 are otherwise confirmed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the defendant pleaded guilty to one count of trafficking cannabis over a period of two and one-half months and two counts of supplying cannabis (that were particulars of the trafficking) – where the defendant was the courier of 100 pounds of cannabis for the principal of a large drug enterprise and acquired $130,000 worth of cannabis from the principal for sale to his own customers – where the defendant had pre-sentence custody of about four months that was not declarable – where the sentence was imprisonment for seven years with parole eligibility after serving 20 months in custody – whether sentence was manifestly excessive

Karpinski v R (2011) 32 VR 85; [2011] VSCA 94, considered
R v Brienza[2010] QCA 15, considered
R v Broad & Prior[2010] QCA 53, considered
R v Cannon[2005] QCA 41, considered
R v Church[2015] QCA 24, considered
R v Fabre[2008] QCA 386, considered
R v Falconi[2014] QCA 230, distinguished
R v Kalaja[2002] QCA 508, related
R v KAQ[2015] QCA 98, considered
R v Orley[2013] QCA 119, considered
R v Parsons & Sanders[1999] QCA 402, distinguished
R v RAR (2014) 246 A Crim R 509; [2014] QCA 312, distinguished
R v Skedgwell [1999] 2 Qd R 97; [1998] QCA 93, considered
R v Ta [2016] QCA 305, considered
R v Tout[2012] QCA 296, considered

COUNSEL:

A J Kimmins for the applicant
V A Loury QC for the respondent

SOLICITORS:

Rostron Carlyle Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. FRASER JA:  I have had the advantage of reading the reasons for judgment of Mullins J.  I agree with those reasons and with the orders proposed by her Honour.

2. MULLINS J:  Mr Kalaja pleaded guilty to one count of trafficking in cannabis between 30 September 2012 and 14 February 2013, and two counts of supplying cannabis.  On the…