R v Reardon

[2006] QCA 225

SUPREME COURT OF QUEENSLAND

CITATION:

R v Reardon [2006] QCA 225

PARTIES:

R
v
REARDON, Samantha Leah
(applicant)

FILE NO/S:

CA No 150 of 2006
SC No 62 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

19 June 2006

DELIVERED AT:

Brisbane

HEARING DATE:

19 June 2006

JUDGES:

Williams, Keane and Holmes JJA
Separate reasons for judgment 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 - PARTICULAR OFFENCES - OTHER OFFENCES - applicant convicted on plea of guilty of one count of unlawfully supplying the dangerous drug heroin to a person who was at the time within a correctional facility - applicant sentenced to six months imprisonment - applicant has minor criminal history related to drug dependence - whether the sentence imposed was manifestly excessive

R v Cole [1998] QCA 205; CA No 140 of 1998, 26 June 1998, considered

COUNSEL:

A J Moynihan for the applicant
M J Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant

Director of Public Prosecutions (Queensland) for the respondent

KEANE JA:  On 5 May 2006 the applicant was convicted on her own plea of guilty of one count of unlawfully supplying the dangerous drug heroin to Troy John Watson who was at that time within a correctional facility.  The offence occurred on 31 January 2005.  On 11 May 2006 the applicant was sentenced to six months imprisonment.  The applicant seeks leave to appeal against that sentence on the ground that it is manifestly excessive.

As to the circumstances of the offence, on 31 January 2005 the applicant visited Watson who was an inmate at the Arthur Gorrie Correctional Centre.  While the applicant and Watson were appearing to be engaged in an affectionate embrace, Watson was observed attempting to hide something in his trousers.  When he was searched it emerged that the applicant had passed to him a balloon in which was contained two cut down syringes and a small clip-seal bag of 0.128 grams of white powder containing 0.033 grams of heroin. 

When questioned about the incident the applicant made no admissions.  There was a committal hearing.  The charge against the applicant was listed for trial on 5 May 2006.  The applicant's plea of guilty was late and was therefore of little utilitarian value.  The prosecution case was reasonably strong.  Moreover, the applicant's late plea cannot be taken to be indicative of remorse on her part or give reason for an optimistic view of her prospects of rehabilitation.  At the hearing below it was common ground that Watson had asked the complainant to bring the drug into the prison. 

As to the applicant's circumstances, she was born on 12 June 1970.  She endured a troubled childhood.  Her…