R v Lammonde

The matter before the Court was an appeal by the convicted person against the sentence imposed by the lower court. The applicant had been convicted of trafficking in cannabis and other related offences. The sentence handed down was six years imprisonment with parole eligibility after two years and six months. The primary issue before the Court was whether the personal circumstances of the applicant were appropriately considered as mitigating factors in sentencing. The Court was also required to determine if the sentence was manifestly excessive. In determining these issues, the Court considered the case of R v Turner [2006] QCA 133, CA No 340 of 2005, 28 April 2006, in which the Court held that personal circumstances may be considered as mitigating factors in sentencing. The Court found that the applicant's personal circumstances were not appropriately considered as mitigating factors in sentencing. The Court also found that the sentence was manifestly excessive. As a result, the Court allowed the appeal and varied the sentence by fixing the applicant's parole eligibility date at 30 April 2008. The Court also granted leave to appeal against the sentence.