R v Martin

Case [2002] QCA 513


SUPREME COURT OF QUEENSLAND

CITATION:

R v Martin [2002] QCA 513

PARTIES:

R
V
MARTIN, William Amos
(applicant)

FILE NO/S:

CA No 269 of 2002
SC No 65 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EXTEMPORE ON:

21 November 2002

DELIVERED AT:

Brisbane

HEARING DATE:

21 November 2002

JUDGES:

McMurdo P, Jerrard JA and Helman J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND
INQUIRY AFTER CONVICTION – APPEAL AND NEW
TRIAL – APPEAL AGAINST SENTENCE - where applicant pleaded guilty to one count of producing dangerous drug methylamphetamine – whether sentence manifestly excessive in all the circumstances

R v Boyd [1999] QCA 421; CA No 134 of 2001, 3 October 2001, considered
R v Campbell [2002] QCA 109; CA No 315 of 2001, 21 March 2002, considered
R v Denton [1999] QCA 343; CA No 168 of 1999, 20 August
1999, referred to
R v Green [1999] QCA 83; CA No 372 of 1998, 19 March 1999, referred to
R v Welch [2002] QCA 36; CA No 299 of 2001, 19 February 2002, considered

COUNSEL:

A J Kimmins for the applicant
B G Campbell for the respondent

SOLICITORS:

Forrest Lake Lawyers for the applicant

Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  The applicant pleaded guilty in the Supreme Court on the 17th of July 2002 to one count of producing a dangerous drug methylamphetamine.  On 22 August 2002 he was sentenced to four years' imprisonment with a recommendation for parole after 18 months.  He contends that sentence is manifestly excessive.

On the 20th of August 2000 the police received information and executed a warrant at the applicant's address.  There was a strong smell of methylated spirits in the house.  The applicant was engaged in extracting pseudoephedrine, the base chemical used in the manufacture of methylamphetamine, from Sudafed tablets.  Police located 95.4 grams of pseudoephedrine.  The applicant had ground a large quantity of Sudafed tablets and mixed them with methylated spirits to separate the pseudoephedrine and was using the microwave to boil off the spirit, creating a potentially explosive situation.

Police also found iodine crystals, Pyrex dishes, grounding apparatus, scales containing traces of methylamphetamine, razor blades, scraping knives, a scientific manual, the chemical sodium hypophosphite, and caustic soda.  About a third of the pseudoephedrine found had been extracted and dried.  The applicant told police he was drying it out for someone but declined to name this person, implying that to do so would place his life at risk.

The quantity of pseudoephedrine found could, under optimum circumstances, have produced up to 85 grams of pure methylamphetamine, a very substantial quantity.

The prosecution did not proceed with the circumstance of aggravation, that the quantity of the dangerous drug exceeded two grams, because the dangerous drug had not…

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Details
AGLC
R v Martin [2002] QCA 513
Case
[2002] QCA 513
Decision Date

CaseChat Overview and Summary

The matter before the court was an application by the applicant, Martin, for leave to appeal against his sentence imposed after pleading guilty to one count of producing the dangerous drug methylamphetamine. The court was required to determine whether the sentence was manifestly excessive in all the circumstances. This appeal arose from the inherent jurisdiction of the court to grant leave to appeal against sentence where there are substantial grounds of appeal.

The court considered the principles of appellate jurisdiction and the substantial grounds test, examining the severity of the sentence and the relevant circumstances. The court weighed the principle that appellate courts should be slow to interfere with sentencing decisions, given the trial judge's advantage of observing the offender and hearing the evidence firsthand. The court also assessed whether the sentence was disproportionate to the offence committed, taking into account the gravity of the offence and the need to deter similar conduct. After a thorough review of the evidence and the submissions, the court found that the sentence was not manifestly excessive. Consequently, the application for leave to appeal against the sentence was refused.

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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