SUPREME COURT OF QUEENSLAND
CITATION:
R v Sabine [2019] QCA 36
PARTIES:
R
v
SABINE, Dann’ll Todd Anthony
(applicant)FILE NO/S:
CA No 141 of 2018
SC No 1475 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 17 May 2018 (Brown J)
DELIVERED ON:
5 March 2019
DELIVERED AT:
Brisbane
HEARING DATE:
18 February 2019
JUDGES:
Holmes CJ and Morrison and Philippides JJA
ORDER:
The application for leave to appeal is refused.
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES – SENTENCE – POSSESSION – where the applicant was convicted after trial of unlawful possession of the dangerous drug, methylamphetamine, in a quantity exceeding 2.0 grams – where the applicant left a clip-lock bag containing methylamphetamine in the public toilet at a service station – where the applicant was sentenced to two years imprisonment – whether the sentence was manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was sentenced to two years imprisonment for possession of methylamphetamine – where it was contended by counsel for the applicant that the methylamphetamine was not for a commercial purpose – where it was contended that the appropriate sentence for the offence should be 18 months – whether the sentence of two years imprisonment was manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 9(2)(a), s 160A, s 160B(4), s 160E(1)(a)
Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70, considered
R v Daly (2004) 147 A Crim R 440; [2004] QCA 385, considered
R v Frame[2009] QCA 9, cited
R v Hesketh; Ex parte Attorney-General (Qld)[2004] QCA 116, considered
R v Nicholson[2016] QCA 315, considered
R v Sartori[2006] QCA 284, considered
R v Walsh[2008] QCA 391, cited
R v Warren[2014] QCA 175, consideredCOUNSEL:
A J Kimmins for the applicant
C Cook for the respondentSOLICITORS:
Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES CJ: I agree with the reasons of Morrison JA and with the order that the application be refused. The sentence was not a lenient one, but it was not excessive. I agree also that consideration ought to be given to correcting the anomaly created by s 160B(4) of the Penalties and Sentences Act.
MORRISON JA: Following a trial the applicant was convicted of unlawful possession of the dangerous drug, methylamphetamine, in a quantity exceeding 2.0 grams. He was sentenced on 17 May 2018. The sentence imposed was two years’ imprisonment, with parole release set at 17 May 2019.
The applicant seeks leave to appeal against that sentence on the sole ground that it is manifestly excessive.
The applicant left a clip-lock bag containing methylamphetamine in the public toilet at a service station. The applicant had returned twice on the evening when he left…
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- R v Sabine [2019] QCA 36
- Case
- [2019] QCA 36
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence of two years imprisonment was manifestly excessive or inadequate. The applicant's counsel argued that the methylamphetamine was not intended for commercial purposes and that the appropriate sentence should be 18 months. The court needed to determine if the sentence imposed was manifestly excessive, considering the circumstances of the case.
In evaluating the appeal against the sentence, the court examined the principles governing the severity of drug-related offences and the need for deterrence and denunciation. It considered the quantity of the drug involved, the circumstances of the offence, and the applicant's criminal history. The court determined that the sentence of two years imprisonment, while severe, was not manifestly excessive given the nature of the offence and the need to uphold the deterrent effect of the law. Consequently, the application for leave to appeal was refused.
The final orders of the court were that the application for leave to appeal was refused, and the original sentence of two years imprisonment would stand.
Orders
Orders of the court
The application for leave to appeal is 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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