R v Sharkey; ex parte

[2009] QCA 118

SUPREME COURT OF QUEENSLAND

CITATION:

R v Sharkey; ex parte A-G (Qld) [2009] QCA 118

PARTIES:

R
v
SHARKEY, Leif Juyana
(respondent)
EX PARTE THE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO:

CA No 352 of 2008
SC No 84 of 2007
SC No 132 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

Supreme Court at Cairns

DELIVERED ON:

8 May 2009

DELIVERED AT:

Brisbane

HEARING DATE:

1 April 2009

JUDGES:

McMurdo P, Chesterman JA and Mullins J
Joint reasons for judgment of McMurdo P and Mullins J; separate reasons of Chesterman JA dissenting in part

ORDERS:

1.Appeal allowed.      

2.Set aside the parole eligibility date fixed at 1 June 2010 and substitute a parole eligibility date fixed at 1 March 2012.      

3.The sentences imposed at first instance on both indictments are otherwise confirmed.      

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where respondent was charged with 17 drug related offences – where respondent pleaded guilty to the offences – where respondent was sentenced to nine years imprisonment for trafficking methylamphetamine – where respondent was sentenced to lesser concurrent sentences for other offences – where parole eligibility was after two years and 11 months – whether given the seriousness of the offending the sentence was inadequate

Penalties and Sentences Act 1992 (Qld), s 9(2)(f)

AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, considered
R v Assurson (2007) 174 A Crim R 78; [2007] QCA 273, considered
R v Bird and Schipper (2000) 110 A Crim R 394; [2000] QCA 94, followed
R v Bradforth [2003] QCA 183, considered
R v Elizalde [2006] QCA 330, considered
R v Jenkins, Rollason and Brophy [2008] QCA 369, cited
R v Johnson [2007] QCA 433, cited
R v Melano; ex parte Attorney-General of Queensland [1995] 2 Qd R 186; [1994] QCA 523, followed
R v Rizk & Raciti [2004] QCA 359, cited
R v Rodd; ex parte A-G (Qld)[2008] QCA 341, distinguished
R v Tilley; ex parte A-G [1999] QCA 424, considered

COUNSEL:

A Moynihan SC, with L Brisick, for the appellant
J D Henry SC for the respondent

SOLICITORS:

Director of Public Prosecutions (Queensland) for the appellant
O’Reilly Stevens Bovey Lawyers for the respondent

1. McMURDO P AND MULLINS J: The Attorney-General contends that the sentences imposed on the respondent, Leif Juyana Sharkey, in the Supreme Court at Cairns on 5 December 2008 for 17 drug-related offences was manifestly inadequate. On the first indictment, Sharkey was charged with possessing in excess of 500 grams of cannabis (count 1); possession of lysergide (count 2); possession of methylamphetamine (count 3); and possession of MDMA (count 4). All these offences occurred on 3 June 2004. The second indictment concerned offences committed essentially in October and November 2006: three counts of receiving stolen property (a flat-screen TV, car tyres and rims, and television…