R v Lambert

[2019] QCA 219

SUPREME COURT OF QUEENSLAND

CITATION:

R v Lambert [2019] QCA 219

PARTIES:

R
v
LAMBERT, David Paul
(applicant)

FILE NO/S:

CA No 25 of 2019
SC No 1052 of 2018
SC No 1520 of 2018
SC No 1979 of 2018
SC No 1 of 2019

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 9 January 2019 (Martin J)

DELIVERED ON:

18 October 2019

DELIVERED AT:

Brisbane

HEARING DATE:

23 August 2019

JUDGES:

Sofronoff P and Gotterson and Morrison JJA

ORDER:

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 three counts of unlawful possession of dangerous drugs contained in the first indictment – where the applicant pleaded guilty to a further four counts of unlawful possession of dangerous drugs, including a quantity of methylamphetamine in excess of 200 grams, and a substance, contained in the second indictment – where the second set of offences was committed within six months of the first offences and while the applicant was on bail – where the applicant possessed much greater quantities of dangerous drugs in the second set of offences than on the first occasion – where the learned sentencing judge accepted that the applicant possessed the dangerous drugs for commercial purposes – where the applicant was addicted to methylamphetamine – where the applicant’s criminal history was limited to a number of traffic offences – where the applicant was sentenced to an effective head sentence of eight years and two months imprisonment – whether the sentence was manifestly excessive

R v Duong (2015) 255 A Crim R 57; [2015] QCA 170, considered
R v Richards [2017] QCA 299, distinguished
R v Shandiman (unreported, Henry J, Indictment No 61 of 2017, 19 July 2017), distinguished
R v Sorrento (unreported, Douglas J, 7 May 2009), distinguished
R v Ta[2018] QCA 342, considered
R v Tran[2014] QCA 90, considered

COUNSEL:

The applicant appeared on his own behalf
D Balic for the respondent

SOLICITORS:

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

1. SOFRONOFF P:  I agree with Gotterson JA.

2. GOTTERSON JA:  On 9 January 2019, the applicant, David Paul Lambert, pleaded guilty in the Supreme Court at Brisbane to a number of indictable offences against s 9(1) and s 9A(1) Drugs Misuse Act 1986 (Qld) as well as other summary offences. On one indictment, it was alleged that on 4 September 2017 the applicant unlawfully possessed the following dangerous drugs:[1]

   [1]AB 9-10.

Count 1	cannabis, 3,4-methylenedioxyamphetamine and 3,4-methylenedioxymethamphetamine;
Count 2	a quantity of cocaine that exceeded 2.0 grams; and
Count 3	a quantity of methylamphetamine that exceeded 2.0 grams

1. The summary offences alleged against the applicant included that on this day he unlawfully possessed a pipe that he had used in connection with the smoking of a…