R v Markovski

[2009] QCA 299

SUPREME COURT OF QUEENSLAND

CITATION:

R v Markovski [2009] QCA 299

PARTIES:

R
v
MARKOVSKI, Cele
(appellant/applicant)

FILE NO/S:

CA No 110 of 2008
SC No 180 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

9 October 2009

DELIVERED AT:

Brisbane

HEARING DATE:

25 September 2009

JUDGES:

Keane and Fraser JJA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Appeal against conviction dismissed

2.   Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – EVIDENCE – CONFESSIONS AND ADMISSIONS – STATEMENTS – STATEMENTS BY AGENTS – ACTS AND DECLARATIONS IN FURTHERANCE OF COMMON PURPOSE – GENERALLY – where appellant convicted upon jury verdict of two counts of trafficking in a dangerous drug and one count of possession of a dangerous drug – where evidence of telephone conversations between third parties using euphemisms for drugs admitted against appellant in furtherance of shared common purpose – where appellant argues Crown failed to establish shared common purpose – whether evidence admissible against appellant

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where appellant sentenced to concurrent terms of 15 years for the trafficking offences and six years for the possession offence – where appellant argued sentence manifestly excessive – where appellant tendered affidavits containing evidence available at trial purporting to refute use of euphemisms for drugs in evidence of telephone conversations admitted against appellant – whether tendered affidavits should be received – whether sentence manifestly excessive

Martin v Osborne (1936) 55 CLR 367; [1936] HCA 23, cited
R v Elizalde [2006] QCA 330, cited
R v Kelly [2005] QCA 103, cited
R v Klasan [2007] QCA 268, cited
R v Omer-Noori [2006] QCA 311, cited
R v Slivo [2007] QCA 64, cited
Tripodi v The Queen (1961) 104 CLR 1; [1961] HCA 22, considered

COUNSEL:

A J Glynn SC, with R Bonnici, for the appellant/applicant
R G Martin SC for the respondent

SOLICITORS:

Carne Reidy Herd for the appellant/applicant
Director of Public Prosecutions (Queensland) for the respondent

1. KEANE JA:  On 5 March 2008 the appellant was convicted upon the verdict of a jury of one count of trafficking in the dangerous drug cocaine, one count of trafficking in the dangerous drug 3,4-methylenedioxymethamphetamine ("ecstasy"), and one count of possession of the dangerous drug cocaine.  These offences were committed in contravention of the Drugs Misuse Act 1986 (Qld).

1. On 6 March 2008 the appellant was sentenced to concurrent terms of 15 years for each of the trafficking offences and six years for the possession offence.  The trafficking offences were declared to be serious violent offences.  The effect of these sentences is that the appellant is obliged to spend 12 years in actual custody before he becomes eligible for parole. 

1. The appellant seeks to appeal…