R v Martin

[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…