IN THE COURT OF APPEAL [1999] QCA 402 SUPREME COURT OF QUEENSLAND C.A. No. 110 of 1999 C.A. No. 129 of 1999
Brisbane
[R v. Parsons & Sanders]
THE QUEEN
v.
JOHN EDWARD PARSONS and LORNA MARGARET SANDERS
(Applicants)
McMurdo P
Pincus JAThomas JA
Judgment delivered 24 September 1999
Joint reasons for judgment of Pincus JA and Thomas JA, separate reasons of
McMurdo P concurring as to the order made
EACH 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 - APPEAL BY CONVICTED PERSONS -
APPLICATIONS TO REDUCE SENTENCE - applicants sentenced to substantial prison terms for trafficking in cannabis - whether sentences manifestly excessive - whether sentencing judge gave too much weight to first applicant's criminal history - whether parity principle infringed by sentencing judge imposing greater sentence on first applicant than on co-trafficker - whether sentencing judge acted on basis that second applicant's business of dealing in cannabis more substantial than information before the court suggested
Counsel: Mr A J Kimmins for the applicant Parsons
Mr B G Devereaux for the applicant Sanders
Mr P F Rutledge for the respondentSolicitors: Price and Roobottom for the applicant Parsons
Legal Aid Queensland for the applicant Sanders
Director of Public Prosecutions (Queensland) for the respondentHearing Date: 8 July 1999
McMURDO P: I have read the joint reasons for judgment of Pincus and Thomas JJA and agree with them that both applications should be refused for the reasons they have given.
I would only add these additional comments in respect of Parsons' application. The learned primary judge noted in the course of sentencing the applicant:
"Certainly, your pleas of guilty have saved the cost to the Crown of a trial, but it is clear that this undercover operation would have been extraordinarily expensive as well as dangerous for some of the people involved, and I have to weigh up that as well."
Whilst it is legitimate to take into account the extent, scale and professionalism of the trafficking in determining an appropriate head sentence, I am not persuaded that the weight to be given to a plea of guilty should be diluted because of the expense and danger involved in gathering the evidence against the applicant. The applicant's plea of guilty warranted a recommendation for parole slightly earlier than the norm but the discount in this case was rightly a modest one taking into account the strength of the prosecution case and the absence of any co- operation with the authorities in identifying other drug dealers. The overall sentence, which includes the parole recommendation, of 8 years imprisonment with a recommendation for parole after 3½ years was, on the facts set out in Pincus and Thomas JJA's reasons, within the exercise of a proper sentencing discretion.
I agree with the orders proposed by Pincus and Thomas JJA.
5
PINCUS AND THOMAS JJA: These are two applications for leave…
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- R v Parsons & Sanders [1999] QCA 402
- Case
- [1999] QCA 402
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the sentences were within the proper exercise of the sentencing judge's discretion. Regarding Parsons, the court noted that his extensive criminal history and involvement in large-scale cannabis trafficking justified a substantial sentence. The court also rejected the argument that Parsons was treated more harshly than a co-offender, finding that the differences in their roles and the scale of their operations warranted a discrepancy in sentencing. As for Sanders, the court found that she was actively involved in significant transactions and that her sentence reflected the seriousness of her involvement in the trafficking operation. The court concluded that neither applicant had demonstrated that their sentences were manifestly excessive or that the sentencing judge had erred in their imposition.
Both applications for leave to appeal against sentence were refused.
Orders
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