R v King

[1999] QCA 235

99.235

COURT OF APPEAL

DAVIES JA THOMAS JA DEMACK J

CA No 116 of 1999
THE QUEEN
v.
AARON DESLEY KING

(Applicant) Appellant

BRISBANE

..DATE 18/06/99

JUDGMENT
180699 D.1 T9/PMD19 M/T COA137/99

DAVIES JA: Mr Justice Thomas will deliver his reasons first.

THOMAS JA: The applicant breached a community service order in that he failed to report as directed on 4 January 1999. Accordingly, he fell to be resentenced for offences upon which he had originally been sentenced about nine months earlier. On that occasion in the Supreme Court he had pleaded guilty to supplying cannabis to a minor and possession of LSD, methylamphetamine and cannabis. He was directed to perform 200 hours community service and probation for two years. His Honour directed that no convictions be recorded. On the resentencing His Honour imposed a sentence of 12 months imprisonment.

The applicant is 20 years old and has only one prior conviction, namely one of dangerous driving. The offences for which he was resentenced were committed when he was apparently aged 19, was a supply of a small quantity of cannabis to a 16 year old youth and his own possession of small quantities of the drugs mentioned. The other person was an acquaintance, but had apparently not used the drug previously. There is no suggestion that his possession of the other drugs had any commercial purpose and the only inference available on sentencing was that he was in possession for his own use.

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Apparently his conduct in relation to community service was not satisfactory. He did indeed perform 55 and a half hours over the ensuing nine months, but not regularly. He failed to attend a drug and alcohol assessment on 24 December 1998, although that appears to have been explained by his counsel as attributable to a belief on his part that everything was suspended pending the further proceedings.

He was absent four times from appointed community service dates. Medical certificates were supplied for two of them and he was to attend an office in north Brisbane on 4 January 1999 to provide medical certificates for 15 and 16 December 1998. That he was required to attend was confirmed by telephone on 4 January 1999, but he failed to report. His attendance at community service was poor and irregular and he was said to be not motivated. He advised in January 1999 that he had taken an overdose of Prozac tablets and on 13 January 1999 cannabis was detected in a random urine test analysis. The failure to report on 4 January was the focal point of the breach of proceedings.

It is not necessary to say more about the circumstances
of either the offence or his subsequent conduct in that
the submissions of both counsel tend to the view that
the
12 months sentence of imprisonment was excessive. I
mention that there was a qualification in the concession

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by counsel for the Crown who submitted that it was
obviously heavy and very close to excessive and that six
months fits in more readily with other decisions in
comparable matters. In my view, the imposition of 12
months imprisonment on this offender was too high,

having regard to the circumstances.

We have received various submissions in relation to the from this Court is simply to substitute what seems to be the appropriate sentence and without more I would grant leave to appeal against the sentence, set aside the sentence below and replace it with one of six months.

prospects of a rehabilitation course in prison.

DAVIES JA: I agree.

DEMACK J: I agree.

DAVIES JA: The order is as indicated by Mr Justice

Thomas.

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