SUPREME COURT OF QUEENSLAND
CITATION:
R v Laidlaw [2016] QCA 290
PARTIES:
R
v
LAIDLAW, Nathan Andrew
(applicant)FILE NO/S:
CA No 14 of 2016
SC No 72 of 2015
SC No 73 of 2015
SC No 77 of 2015
SC No 86 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Rockhampton – Date of Sentence: 9 December 2015
DELIVERED ON:
11 November 2016
DELIVERED AT:
Brisbane
HEARING DATE:
26 September 2016
JUDGES:
Gotterson and Morrison JJA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence 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 five months, assault occasioning bodily harm on a separate indictment, and 14 charges listed in bench charge sheets – where the applicant was sentenced to five years imprisonment suspended after three years with an operational period of five years for the trafficking count – where the sentence for the trafficking count is to be served concurrently with concurrent sentences for the summary offences that are served cumulatively upon the unlawful assault, totalling four years imprisonment with a parole eligibility date set after three years – where the learned sentencing judge reduced what he thought was the appropriate head sentence for the trafficking count and increased what might otherwise have been imposed for the summary offences relating to property, resulting in the effect of s 5(2) of the Drugs Misuse Act 1986 (Qld) being avoided – whether the sentence imposed is manifestly excessive
Drugs Misuse Act 1986 (Qld), s 5(2)
Penalties and Sentences Act 1992 (Qld), s 144Griffiths v The Queen (1989) 167 CLR 372; [1989] HCA 39, cited
R v Clark[2016] QCA 173, considered
R v McAway (2008) 191 A Crim R 475; [2008] QCA 401, considered
R v Nagy [2004] 1 Qd R 63; [2003] QCA 175, cited
R v P[2004] QCA 365, considered
R v Rizk[2004] QCA 382, consideredCOUNSEL:
The applicant appeared on his own behalf
G P Cash QC, with K S Whealan, for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
GOTTERSON JA: On 20 November 2015 in the Supreme Court at Rockhampton, the applicant, Nathan Andrew Laidlaw, pleaded guilty to two offences charged by separate indictment. The count on one of the indictments alleged an offence against s 339(1) of the Criminal Code (Qld) in that on 15 August 2014 at Rockhampton, the applicant unlawfully assaulted Steven Richard Atkins and did him bodily harm. The count on the other indictment alleged an offence against s 5(1)(a) of the Drugs Misuse Act 1986 (Qld) (“DMA”) in that between 15 February 2014 and 24 July 2014 at…
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- AGLC
- R v Laidlaw [2016] QCA 290
- Case
- [2016] QCA 290
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive, thereby justifying an appeal against the sentence. The applicant contended that the sentence was manifestly excessive due to the nature of the offences and the length of the custodial sentence. The court examined the sentencing principles applicable to the case, including the principles of proportionality and deterrence, as well as the specific provisions of the Drugs Misuse Act 1986 (Qld). The court also considered the overall impact of the sentence on the applicant and whether it achieved the purposes of punishment, rehabilitation, and deterrence.
The court concluded that the sentence imposed was not manifestly excessive. It found that the trial judge had properly considered the relevant sentencing principles and the specific circumstances of the case. The court noted that the sentence for the trafficking count was suspended after three years, with an operational period of five years, and was to be served concurrently with sentences for summary offences, resulting in a total of four years imprisonment. The court also found that the trial judge had appropriately reduced the head sentence for the trafficking count and increased the sentences for the summary offences, thereby avoiding the effect of section 5(2) of the Drugs Misuse Act 1986 (Qld). The court held that the sentence achieved the purposes of punishment, rehabilitation, and deterrence, and was not manifestly excessive.
The court refused the application for leave to appeal against the sentence, finding that the sentence imposed was not manifestly excessive and did not warrant interference by the appellate court. The court's decision was based on a thorough analysis of the sentencing principles and the specific circumstances of the case, and it upheld the trial judge's assessment of the appropriate sentence.
Orders
Orders of the court
Application for leave to appeal against sentence refused.
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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