SUPREME COURT OF QUEENSLAND
CITATION:
R v Oliver [2007] QCA 361
PARTIES:
R
v
OLIVER, Murray William
(applicant)FILE NO/S:
CA No 152 of 2007
SC No 135 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
26 October 2007
DELIVERED AT:
Brisbane
HEARING DATE:
17 October 2007
JUDGES:
Jerrard and Keane JJA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Application allowed
2. Set aside the sentence
3. Substitute instead a sentence of nine years imprisonment, with a parole eligibility date of 15 June 2010, that is, after three yearsCATCHWORDS:
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 ALLOWED – GENERALLY – where the applicant pleaded guilty to unlawful possession of the dangerous drug cocaine, in a quantity exceeding 200 grams –where the applicant was sentenced to 11 and a half year’s imprisonment with a parole eligibility date four years and three months from the date of sentence – whether the sentence was manifestly excessive
R v Cooney[2004] QCA 244; CA No 106 of 2004, 21 July 2004, distinguished
R v Donnelly and Corbic[2007] QCA 77; CA No 207 of 2006 and CA No 219 of 2006, 16 March 2007, considered
R v Klasan[2007] QCA 268; CA No 121 of 2007, 17 August 2007, distinguished
R v Le; ex parte Attorney–General [2000] QCA 392; CA No 103 of 2000, 29 September 2000, applied
R v Van Huynh[2003] QCA 371; CA No 140 of 2003, 28 August 2003, distinguished
R v Varitimos, unreported, Lyons J, SC No 336 of 2005, 27 November 2006, consideredCOUNSEL:
M E Johnson for the applicant
M J Copley for the respondentSOLICITORS:
Aboriginal and Torres Strait Islander Legal Service for the applicant
Director of Public Prosecutions (Qld) for the respondent
JERRARD JA: On 28 February 2007 Mr Oliver pleaded guilty to an offence of having unlawfully possessed the dangerous drug cocaine, in a quantity exceeding 200 grams, on or about 24 September 2002 at Brisbane. On 15 June 2007 Mr Oliver was sentenced to 11 and a half year’s imprisonment, with a parole eligibility date fixed as at 15 September 2011, namely four years and three months from the date of sentence. On 5 July 2007 Mr Oliver filed an application for leave to appeal against that sentence, contending that it was manifestly excessive.
Mr Oliver had prior convictions in May 1989 and May 1990, in Victoria, for offences of possession of a drug of dependence, for which he was respectively fined $100 on the first occasion, and $200 on the second. The circumstances of his possession of cocaine in 2002, described by the prosecutor to the sentencing judge, were that in 2002 relevant authorities were…
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- AGLC
- R v Oliver [2007] QCA 361
- Case
- [2007] QCA 361
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed on the appellant was manifestly excessive. This involved a review of the principles governing the determination of sentences in criminal cases, with a particular focus on the proportionality and severity of the sentence in relation to the offence committed. The court had to consider the nature and circumstances of the offence, the appellant's criminal history, and the objectives of sentencing, which include punishment, deterrence, and rehabilitation.
Upon review, the court found that the original sentence was indeed manifestly excessive. The court took into account the statutory guidelines and precedents in assessing the appropriate sentence for the offence of unlawful possession of a dangerous drug in the specified quantity. After a detailed analysis of the relevant factors, the court concluded that a lesser sentence was warranted. Consequently, the appeal was allowed, the original sentence was set aside, and a new sentence of nine years' imprisonment was imposed, with parole eligibility set for 15 June 2010, three years from the date of the new sentence.
Orders
Orders of the court
1. Application allowed
2. Set aside the sentence
3. Substitute instead a sentence of nine years imprisonment, with a parole eligibility date of 15 June 2010, that is, after three years
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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