SUPREME COURT OF QUEENSLAND
CITATION:
R v Lammonde [2007] QCA 75
PARTIES:
R
v
LAMMONDE, Marie Elizabeth
(applicant/appellant)FILE NO/S:
CA No 320 of 2006
SC No 29 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Toowoomba
DELIVERED ON:
16 March 2007
DELIVERED AT:
Brisbane
HEARING DATE:
5 March 2007
JUDGES:
Jerrard and Keane JJA and Muir J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Application for leave to appeal against sentence granted
2. Appeal allowed
3. Sentence varied by fixing applicant's parole eligibility date at 30 April 2008CATCHWORDS:
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - APPEAL BY CONVICTED PERSONS - APPLICATIONS TO REDUCE SENTENCE - WHEN GRANTED - PARTICULAR OFFENCES - OTHER OFFENCES - where applicant convicted of trafficking in cannabis and other offences - where applicant sentenced to six years imprisonment with parole eligibility after two years and six months - whether personal circumstances appropriately considered as mitigating factors in sentencing - whether sentence manifestly excessive
R v Turner [2006] QCA 133, CA No 340 of 2005, 28 April 2006, distinguished
COUNSEL:
A W Moynihan for the applicant
D R Mackenzie for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
JERRARD JA: In this matter I have had the advantage of reading the reasons and orders given by Keane JA and respectfully agree with those.
KEANE JA: On 31 October 2006, the applicant was convicted on her plea of guilty of one count of trafficking in cannabis, four counts of supplying cannabis, one count of possession of cannabis and one count of possession of things connected with trafficking in cannabis.
The applicant was sentenced to six years imprisonment on the trafficking count. Her eligibility for parole was fixed at 30 April 2009, ie after two years and six months. She was convicted, and not further punished, on the remaining six counts. Presentence custody of 36 days was declared as time already served.
The applicant seeks leave to appeal against her sentence on the ground that it was manifestly excessive. On her behalf, it is submitted that she should have been sentenced to five years imprisonment, with parole eligibility set at 30 April 2008, ie after one year and six months. In particular, it is submitted that decisions of this Court in comparable cases do not support a head sentence in excess of five years imprisonment. It is also submitted on the applicant's behalf that the parole eligibility date fixed by the learned sentencing judge did not reflect the mitigating circumstances personal to the applicant.
I will discuss the applicant's submissions after first setting out the circumstances of the offences, the applicant's personal circumstances and the consideration of these matters by the learned sentencing judge.
Circumstances of the offences
The applicant trafficked in cannabis between 22…
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- R v Lammonde [2007] QCA 75
- Case
- [2007] QCA 75
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. Application for leave to appeal against sentence granted
2. Appeal allowed
3. Sentence varied by fixing applicant's parole eligibility date at 30 April 2008
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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