R v Ritzau

Case [2017] QCA 17


SUPREME COURT OF QUEENSLAND

CITATION:

R v Ritzau [2017] QCA 17

PARTIES:

R
v

RITZAU, Orlin Cavell
(applicant)

FILE NO/S:

CA No 264 of 2016
SC No 61 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Cairns – Date of Sentence: 8 September 2016

DELIVERED ON:

24 February 2017

DELIVERED AT:

Brisbane

HEARING DATE:

3 February 2017

JUDGES:

Gotterson and Morrison JJA and Bond J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for leave to appeal against sentence refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant pleaded guilty to trafficking in MDMA – where the applicant was sentenced to imprisonment for two years and six months, suspended after seven months with an operational period of two years and six months – where the applicant did not challenge the head sentence, but contended that the period of imprisonment to be served was excessive – where the contentions focused on the applicant’s age, the nature of the trafficking, and that a wholly suspended sentence has been imposed in similar cases – where the respondent drew distinctions between the applicant and similar cases – where the applicant was found not to have engaged in specific rehabilitation and only desisted once arrested – where appropriate consideration was made of the applicant’s good character and future prospects – whether the sentence was manifestly excessive

AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, cited
Everett v The Queen (1994) 181 CLR 295; [1994] HCA 49, cited
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
R v Casagrande[2009] QCA 1, distinguished
R v Dowel; Ex parte Attorney-General (Qld)[2013] QCA 8, distinguished
R v Engellenner[2012] QCA 6, distinguished
R v Gladkowski (2000) 115 A Crim R 446; [2000] QCA 352, cited
R v Nabhan; R v Kostopoulos[2007] QCA 266, cited
R v McAway (2008) 191 A Crim R 475; [2008] QCA 401, cited
R v Pham (2015) 256 CLR 550; (2015) 90 ALJR 13; [2015] HCA 39, cited
R v SBK[2009] QCA 107, considered
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, cited

COUNSEL:

M Johnson for the applicant
P J McCarthy for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. GOTTERSON JA:  I agree with the order proposed by Morrison JA and with the reasons given by his Honour.

  2. MORRISON JA: On 8 September 2016, Mr Ritzau pleaded guilty to one count of trafficking in MDMA,[1] and one count of possession of MDMA. The trafficking took place over 18 days, between 13 May 2015 and 1 June 2015.

    [1]Otherwise known as 3, 4-Methylenedioxymethamphetamine.

  3. He was sentenced to imprisonment for…

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Details
AGLC
R v Ritzau [2017] QCA 17
Case
[2017] QCA 17
Decision Date

CaseChat Overview and Summary

In the matter of R v Ritzau, the applicant appealed against his sentence for trafficking in MDMA, arguing that the period of imprisonment to be served was excessive. The applicant had pleaded guilty and was sentenced to imprisonment for two years and six months, suspended after seven months, with an operational period of two years and six months. The applicant did not contest the head sentence but focused on the period of imprisonment to be served, citing his age, the nature of the trafficking, and the imposition of wholly suspended sentences in similar cases. The respondent highlighted distinctions between the applicant's case and those cited, noting the applicant's lack of specific rehabilitation efforts and his desistance only after arrest. The court considered the applicant's good character and future prospects but concluded that the sentence was not manifestly excessive.

The legal issue before the court was whether the sentence imposed on the applicant was manifestly excessive. The applicant contended that the period of imprisonment to be served was disproportionate, particularly given his age, the nature of the offence, and the imposition of wholly suspended sentences in similar cases. The respondent argued that the applicant's lack of specific rehabilitation efforts and his desistance only upon arrest justified the sentence. The court had to determine if the sentence was manifestly excessive by weighing the factors presented by both parties, including the applicant's age, the nature of the offence, and the appropriateness of the sentence compared to similar cases.

The court examined the arguments presented by both the applicant and the respondent, noting the applicant's age and the nature of the offence. It considered the imposition of wholly suspended sentences in similar cases, but also highlighted the applicant's lack of specific rehabilitation efforts and his desistance only upon arrest. The court found that appropriate consideration had been given to the applicant's good character and future prospects. It concluded that the sentence was not manifestly excessive, given the distinctions between the applicant's case and the cases cited by the applicant. Consequently, the application for leave to appeal against the sentence was refused.

The court's final order was that the application for leave to appeal against the sentence was refused. The court found that the sentence was not manifestly excessive, considering the factors presented by both parties, including the applicant's age, the nature of the offence, and the appropriateness of the sentence compared to similar cases. The distinctions between the applicant's case and the cited cases, along with the applicant's lack of specific rehabilitation efforts, supported the sentence imposed.

Orders

Orders of the court

Application for leave to appeal against sentence refused.

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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