SUPREME COURT OF QUEENSLAND
CITATION:
R v SBZ [2013] QCA 176
PARTIES:
R
v
SBZ
(applicant)FILE NO/S:
CA No 202 of 2012
SC No 885 of 2011DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
12 July 2013
DELIVERED AT:
Brisbane
HEARING DATE:
3 April 2013
JUDGES:
Holmes and Gotterson JJA and Peter Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for leave to appeal against sentence is refused.
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 counts of trafficking dangerous drugs and was sentenced to five years imprisonment on each count – where the applicant seeks leave to appeal those sentences on the ground that they are manifestly excessive – where the applicant provided information to authorities regarding other offenders – whether the sentencing judge was wrong in starting his consideration of the appropriate sentence, before allowance for co-operation, at 10 to 11 years – whether the sentencing judge adequately ameliorated the sentence to recognise the applicant’s fear of being harmed in custody – whether the sentencing judge erred in taking into account the fact that imposing a sentence of less than ten years meant that the applicant would not be required to serve 80 per cent of his sentence before being eligible for parole – whether the sentence imposed was manifestly excessive in all the circumstances
Drugs Misuse Act 1986 (Qld), s 122
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49, cited
R v Bradforth[2003] QCA 183, considered
R v Feakes[2009] QCA 376, considered
R v Gladkowski (2000) 115 A Crim R 446; [2000] QCA 352, considered
R v Kashton[2005] QCA 70, considered
R v Maniadis [1997] 1 Qd R 593; [1996] QCA 242, cited
R v Rodd; ex parte A-G (Qld)[2008] QCA 341, considered
R v Webber (2000) 114 A Crim R 381; [2000] QCA 316, considered
R v Westphal[2009] QCA 223, considered
York v The Queen (2005) 225 CLR 466; [2005] HCA 60, consideredCOUNSEL:
A Vasta QC for the applicant
B J Merrin for the respondentSOLICITORS:
McMillan Criminal Law for the applicant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: The applicant pleaded guilty to two counts of trafficking in dangerous drugs – 3,4-methylenedioxymethylamphetamine (ecstasy) and methylamphetamine on the first count and cannabis and growth hormone on the second count – and was sentenced on each count to imprisonment for five years. He also pleaded guilty to, and received lesser sentences in respect of, 11 counts of supplying a dangerous drug, methylamphetamine (on three of those counts the applicant was charged alone, and on eight counts with a co-accused, AB); one count of possession…
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- AGLC
- R v SBZ [2013] QCA 176
- Case
- [2013] QCA 176
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles and whether the judge's approach was flawed. It considered if the starting point for the sentence was correctly set, whether the sentence was sufficiently reduced to reflect the applicant's cooperation, and if the fear of harm in custody was properly weighed. Additionally, the court assessed if the judge had erred by taking into account the parole implications of a sentence below ten years. The court concluded that the judge had not erred in these respects and that the sentence, while severe, was not manifestly excessive in the circumstances.
Ultimately, the court found that the applicant had not demonstrated that the sentence was manifestly excessive or inadequate, and the application for leave to appeal against the sentence was refused. The reasoning hinged on the court's determination that the sentencing judge had appropriately considered all relevant factors and had exercised judicial discretion within acceptable bounds.
Orders
Orders of the court
The application for leave to appeal against sentence 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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