R v Murray

Case [2006] QCA 154


SUPREME COURT OF QUEENSLAND

CITATION:  R v Murray [2006] QCA 154
PARTIES:  R
v
MURRAY, Larry Vincent
(applicant)
FILE NO/S:  CA No 47 of 2006
SC No 493 of 2005 and 1058 of 2005
DIVISION:  Court of Appeal
PROCEEDING:  Sentence Application
ORIGINATING 
COURT: 
Supreme Court at Brisbane
DELIVERED ON:  12 May 2006
DELIVERED AT:  Brisbane
HEARING DATE:  19 April 2006
JUDGES:  Jerrard JA and Chesterman and Mullins JJ
Separate reasons of each member of the Court, each
concurring as to the order made
ORDER:  Application dismissed
CATCHWORDS:  CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant pleaded guilty to three counts of supplying and one count of possessing MDMA – the sentencing judge imposed a head sentence of six years imprisonment, with eligibility for post-prison community based release after serving two years – whether the sentence imposed was manifestly excessive – where applicant entered an early plea of guilty – where two and a half year delay occurred between applicant’s arrest and sentence – where applicant voluntarily ceased trading in drugs after arrest

No. 416 of 1998, 9 April 1999, considered
Jones & Harris v R (1989) 41 A Crim R 1, cited
R v Crocker [1999] QCA 377; CA No. 118 of 1999,
10 September 1999, distinguished
R v Dean [1999] QCA 378; CA No. 237 of 1999,
8 September 1999, considered
R v Gould (unreported, Supreme Court of Queensland,
Douglas J, 29 March 2005, Indictment No. 853 of 2004),
considered
R v Kleinschmidt [1995] QCA 541, cited
R v Kunst [2002] QCA 400; CA No. 120 of 2002,
4 October 2002, distinguished
R v Lau [2002] QCA 542, distinguished
R v Law; ex parte Attorney-General (Qld) [1996] 2 Qd R 63,
applied
R v Patena [1996] QCA 152, considered
R v Raciti [2004] QCA 359, CA No. 229 of 2004,
29 September 2004, considered
R v Reid [2004] QCA 9; CA No. 271 of 2003,
16 February 2004, considered
R v Rizk [2004] QCA 382; CA No. 224 of 2004,
15 October 2004, considered
R v Simpson [1995] QCA 303, cited
R v Van Ryan (unreported, Supreme Court of Queensland,

Bellino v R (1999) 105 A Crim R 137; [1999] QCA 106, CA considered
COUNSEL:  T D Martin SC with A J Kimmins for the applicant
D R MacKenzie for the respondent
SOLICITORS:  Gleeson Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the
respondent
  1. JERRARD JA: In this matter I have read Chesterman J’s reasons for judgment, and agree with them and with the order His Honour proposes. I add the following further reasons which adopt the description of the relevant facts by Chesterman J.

  2. The essence of the argument on appeal was that the learned sentencing judge, Mr Murray’s own counsel, and counsel for the…

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AGLC
R v Murray [2006] QCA 154
Case
[2006] QCA 154
Decision Date

CaseChat Overview and Summary

The case of R v Murray involved the defendant who pleaded guilty to multiple charges relating to drug supply and possession. The dispute centred on the sentence imposed by the sentencing judge, which was a six-year imprisonment term, with eligibility for release into a community-based program after two years. The applicant contested the severity of the sentence, arguing it was manifestly excessive given the circumstances. The appeal was heard in the relevant appellate court, which reviewed the sentence under the applicable legal framework.

The legal issues before the court were whether the sentence imposed by the trial judge was manifestly excessive, and whether any factors present warranted a reduction in the sentence. The court considered the applicant's early guilty plea, the delay between arrest and sentencing, and the applicant's voluntary cessation of drug trading activities post-arrest. The primary focus was on evaluating the proportionality of the sentence in relation to the nature of the offences and the mitigating factors presented.

In its reasoning, the court carefully weighed the arguments presented by both parties. It acknowledged the significance of the applicant's early guilty plea and voluntary cessation of criminal activities. However, the court found that these factors, while mitigating, did not sufficiently undermine the overall gravity of the offences. The court concluded that the sentence was proportionate to the seriousness of the crimes committed, and thus, the application to reduce the sentence was refused. The appeal was dismissed, and the original sentence stood as imposed by the trial judge.

Orders

Orders of the court

Application dismissed

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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