SUPREME COURT OF QUEENSLAND
CITATION:
R v Minniecon [2017] QCA 29
PARTIES:
R
v
MINNIECON, Jay Nigel Raymond
(applicant)FILE NO/S:
CA No 196 of 2016
DC No 186 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Townsville – Date of Sentence: 8 July 2016DELIVERED ON:
10 March 2017
DELIVERED AT:
Brisbane
HEARING DATE:
7 February 2017
JUDGES:
Gotterson and Morrison and Philip McMurdo JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant pleaded guilty to trafficking in cannabis – where the applicant was sentenced to imprisonment for five years – where the applicant contends the sentencing judge failed to take into account the applicant’s addiction – where the applicant contends the sentencing judge failed to adequately take into account the applicant’s limited life expectancy –whether the sentence was manifestly excessive
Drugs Misuse Act 1986 (Qld), s 5
House v The King (1936) 55 CLR 499; [1936] HCA 40, cited
R v Brienza[2010] QCA 15, distinguished
R v Budd[2012] QCA 120, distinguished
R v Cairns[2011] QCA 145, distinguished
R v Johnson[2007] QCA 433, distinguished
R v Lammonde[2007] QCA 75, distinguished
R v Leith [2000] 1 Qd R 660; [1998] QCA 320, explained
R v Tez[2007] QCA 227, distinguished
R v Whyte[2003] QCA 56, distinguishedCOUNSEL:
M J Copley QC for the applicant
D Balic for the respondentSOLICITORS:
Purcell Taylor Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
GOTTERSON JA: The applicant, Jay Nigel Raymond Minniecon, pleaded guilty to each count on a nine-count indictment at the District Court in Townsville on 26 February 2016. The offences alleged in the respective counts were:
Count 1
An offence against s 5 Drugs Misuse Act 1986 (Qld) (“DMA”) of unlawfully trafficking in cannabis between 21 June 2012 and 14 March 2013
Counts 2, 4, 5, 6, 7 Offences against s 9 DMA of unlawful possession of a dangerous drug:
· Methylamphetamine on 22 June 2012;
· Cannabis on 12 October 2012;
· Cannabis exceeding 500 grams on 7 November 2012;
· Methylamphetamine on 13 March 2013;
· Cannabis on 13 March 2013
Counts 3, 8 Offences against s 10(1)(b) DMA of possession of things used in connection with trafficking:
· A mobile phone on 22 June 2012;
· A mobile phone and three sets of digital scales on 13 March 2013
Count 9 An offence against s 10(1)(a) DMA of possession of things used in connection with trafficking:
· A quantity of clipseal bags and three small plastic containers on 13 March 2013.
All offences were alleged to have been committed at Townsville.
At a sentence hearing in the District…
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- R v Minniecon [2017] QCA 29
- Case
- [2017] QCA 29
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CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed by the sentencing judge was manifestly excessive and whether the judge failed to take into account the applicant's addiction and limited life expectancy. The court considered the principles of sentencing, the nature of the offence, and the circumstances of the applicant.
The court found that the sentence imposed was not manifestly excessive, and that the sentencing judge had considered the applicant's addiction and limited life expectancy. The court held that the sentence was within the range of penalties that could be imposed for the offence, and that the sentencing judge had exercised their discretion in a manner that was not unreasonable. The court found that the applicant's addiction and limited life expectancy were relevant factors, but did not necessarily warrant a reduction in sentence. The court held that the sentence imposed was appropriate and did not amount to a manifest excess.
The court refused the application for leave to appeal against the sentence. The court found that the sentence imposed was not manifestly excessive and that the sentencing judge had exercised their discretion in a manner that was not unreasonable. The court held that the applicant's addiction and limited life expectancy were relevant factors, but did not necessarily warrant a reduction in sentence. The court found that the sentence imposed was appropriate and did not amount to a manifest excess.
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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