SUPREME COURT OF QUEENSLAND
CITATION:
R v RAR [2014] QCA 312
PARTIES:
R
v
RAR
(applicant)FILE NOS:
CA No 41 of 2014
SC No 977 of 2011
SC No 52 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
2 December 2014
DELIVERED AT:
Brisbane
HEARING DATE:
28 August 2014
JUDGES:
Holmes and Morrison JJA and Atkinson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Grant the application for leave to appeal.1.
Allow the appeal.2.
Vary the orders made in the Trial Division by;3.
on Count 3 of the indictment, substituting for the sentence and order made in the Trial Division:(a)
a sentence of imprisonment for six years; and(i)
an order that the date the applicant is eligible for parole be fixed at 2 years which is 22 October 2015. (ii)
Otherwise confirm the orders made in the Trial Division.4.
The confidential reasons for judgment of Morrison JA handed down to the parties today and marked “A” be not further published, a copy thereof be placed in a sealed envelope together with the transcript of that part of the proceedings which was not conducted in open court, and that envelope be opened only by order of the Court or upon an application under s 188(2) of the Penalties and Sentences Act 1992 (Qld).5.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to two charges of trafficking in a dangerous drug; two charges of possessing dangerous drugs; and also pleaded guilty to 10 summary offences – where the applicant seeks leave to appeal in respect to Count 3, which is the trafficking count in methylamphetamine – where for that Count the applicant was sentenced to imprisonment for seven years – where co-operation was not initially offered by the applicant – where after arraignment the applicant co-operated and made a number of statements assisting police – where the applicant provided self incriminating information allowing the prosecution to add a level of detail to the circumstances of the offences – where after being granted bail the applicant failed to appear and remained at large for just over five months – where the applicant was eventually located however, he provided false details to avoid identification – where the applicant contends that the sentence for Count 3 was manifestly excessive and that inadequate weight was given to his co-operation with the authorities
Penalties and Sentences Act 1992 (Qld), s 13A
R v Guthrie (2002) 135 A Crim R 292; [2002] QCA 509, considered
R v Harbas[2013] QCA 159, considered
R v Johnson[2007] QCA 433, considered
R v Kalaja[2012] QCA 329, considered
R v Markovski[2009] QCA 299, considered
R v Miller[2013] QCA 346, considered
R v Mustafa[2006]…
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- AGLC
- R v RAR [2014] QCA 312
- Case
- [2014] QCA 312
- Decision Date
CaseChat Overview and Summary
The court was required to examine whether the sentence imposed on the applicant was manifestly excessive or inadequate, and whether the trial judge had given sufficient weight to the applicant's cooperation with the authorities. The court was also required to consider whether the applicant's failure to appear on bail and his subsequent attempts to avoid identification had any bearing on the sentence imposed. The court had to assess the applicant's cooperation with the authorities, which included providing self-incriminating information that allowed the prosecution to add a level of detail to the circumstances of the offences. The court also had to consider the principles of sentencing and whether the sentence imposed was commensurate with the seriousness of the offence.
The court found that the sentence imposed on the applicant for Count 3 was manifestly excessive and that inadequate weight was given to his cooperation with the authorities. The court noted that the applicant had provided valuable information to the authorities, which had assisted in the investigation and prosecution of the offences. The court also noted that the applicant's failure to appear on bail and his subsequent attempts to avoid identification were relevant factors that needed to be taken into account. The court varied the sentence imposed on the applicant for Count 3, substituting a sentence of imprisonment for six years with parole eligibility fixed at two years. The court also ordered that the confidential reasons for judgment be not further published and that a copy of the reasons be placed in a sealed envelope to be opened only by order of the court or upon an application under s 188(2) of the Penalties and Sentences Act 1992 (Qld).
The court granted the application for leave to appeal and allowed the appeal. The court varied the sentence imposed on the applicant for Count 3 of the indictment, substituting a sentence of imprisonment for six years with parole eligibility fixed at two years. The court confirmed the orders made in the Trial Division in all other respects. The court also ordered that the confidential reasons for judgment be not further published and that a copy of the reasons be placed in a sealed envelope to be opened only by order of the court or upon an application under s 188(2) of the Penalties and Sentences Act 1992 (Qld).
Orders
Orders of the court
Grant the application for leave to appeal.1.
Allow the appeal.2.
Vary the orders made in the Trial Division by;3.
on Count 3 of the indictment, substituting for the sentence and order made in the Trial Division:(a)
a sentence of imprisonment for six years; and(i)
an order that the date the applicant is eligible for parole be fixed at 2 years which is 22 October 2015. (ii)
Otherwise confirm the orders made in the Trial Division.4.
The confidential reasons for judgment of Morrison JA handed down to the parties today and marked “A” be not further published, a copy thereof be placed in a sealed envelope together with the transcript of that part of the proceedings which was not conducted in open court, and that envelope be opened only by order of the Court or upon an application under s 188(2) of the Penalties and Sentences Act 1992 (Qld).5.
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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