R v King

[2020] QCA 9

SUPREME COURT OF QUEENSLAND

CITATION:

R v King [2020] QCA 9

PARTIES:

R
v
KING, Jon Robert
(applicant)

FILE NO/S:

CA No 136 of 2019
SC No 17 of 2019
SC No 42 of 2019

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Cairns – Date of Sentence: 18 April 2019 (Applegarth J)

DELIVERED EX TEMPORE ON:

4 February 2020

DELIVERED AT:

Brisbane

HEARING DATE:

4 February 2020

JUDGES:

Sofronoff P and Morrison and Mullins JJA

ORDER:

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 was convicted on his own plea of guilty of four counts on an indictment and seven summary offences – where the indictable offences were as follows: trafficking in a dangerous drug, methylamphetamine; two counts of possession of a dangerous drug, methylamphetamine; and possession of things used in the commission of a crime – where the summary offences were all drug-related – where the applicant was sentenced on the trafficking offence to imprisonment for a period of nine years – where the applicant challenges his sentence on the basis that it was manifestly excessive, centrally because the parole eligibility date should have been set earlier than it was – whether the sentence was unreasonable and cannot be supported having regard to the evidence – whether the learned sentencing judge made a wrong decision on a question of law – whether there has been a miscarriage of justice – whether the sentence imposed was manifestly excessive

R v Abbott[2017] QCA 57, distinguished
R v Berry[2017] QCA 271, considered
R v Corbett[2018] QCA 341, considered
R v Gordon[2016] QCA 10, distinguished
R v Miller[2013] QCA 346, distinguished
R v Strutt[2017] QCA 195, distinguished
R v Tran; Ex parte Attorney-General (Qld)[2018] QCA 22, distinguished

COUNSEL:

The applicant appeared on his own behalf
M P Le Grand for the respondent

SOLICITORS:

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

SOFRONOFF P:  Justice Morrison will give his reasons first.  Have a seat, Mr King.

MORRISON JA:  On 18 April 2019, the applicant pleaded guilty to four counts on an indictment and seven summary offences.  The indictable offences were as follows:

(a)Trafficking in a dangerous drug, methylamphetamine, between 31 December 2016 and 9 September 2017,

(b)Two counts of possession of a dangerous drug, methylamphetamine, on 8 September 2017, and

(c)Possession of things used in commission of a crime.

The summary offences were all drug-related, consisting of two counts of possession of property suspected of having been used in connection with the commission of a drug offence, two counts of possession of utensils or pipes that had been used, failure to take reasonable care and precautions in respect of a syringe or needle, possession of utensils or pipes for use in the commission of…