SUPREME COURT OF QUEENSLAND
CITATION:
R v Stamatov [2017] QCA 158
PARTIES:
R
v
STAMATOV, Alexander
(applicant)FILE NO/S:
CA No 110 of 2017
SC No 5 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Rockhampton – Date of Sentence: 22 May 2017
DELIVERED ON:
28 July 2017
DELIVERED AT:
Brisbane
HEARING DATE:
12 July 2017
JUDGES:
Gotterson JA and Atkinson and Applegarth JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Leave to appeal against sentence granted.
2. The appeal is dismissed.
CATCHWORDS:
CRIMINAL LAW – SENTENCE – RELEVANT FACTORS – RELATIVE HARM OF DRUGS – where the applicant was convicted of trafficking in dangerous drugs, mainly steroids – where he submitted that a distinction should be made between steroids and other dangerous drugs, such as methamphetamine, in Schedule 1 of the Drugs Misuse Act 1986 (Qld) – where the sentencing judge concluded he was not permitted to make such a distinction – whether it is permissible to distinguish between the harmfulness of steroids and other Schedule 1 drugs, particularly methamphetamine, for the purpose of sentencing for the offence of trafficking
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – JUDGE ACTED ON WRONG PRINCIPLE – whether the sentencing judge determined that “exceptional circumstances” had to be shown before a sentence not involving actual imprisonment could be imposed for trafficking in a Schedule 1 drug – whether determining that “exceptional circumstances” had to be shown fettered the sentencing discretion
Drugs Misuse Act 1986 (Qld), s 5
Penalties and Sentences Act 1992 (Qld)
Serious and Organised CrimeLegislation Amendment Act 2016 (Qld)Adams v The Queen (2008) 234 CLR 143; [2008] HCA 15, considered
Aytugrul v The Queen (2012) 247 CLR 170; [2012] HCA 15, cited
Ibbs v The Queen (1987) 163 CLR 447; [1987] HCA 46, cited
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37, cited
R v Bradforth[2003] QCA 183, cited
R v Dowel; Ex parte Attorney-General (Qld)[2013] QCA 8, cited
R v Hooper; ex parte Cth DPP[2008] QCA 308, cited
R v Pidoto and O’Dea (2006) 14 VR 269; [2006] VSCA 185, discussed
R v Ritzau[2017] QCA 17, explained
Reynolds v Wilkinson (1948) 51 WALR 17; [1948] WALawRp 1, cited
WesternAustralia v Higgins (2008) 200 A Crim R 302; [2008] WASCA 157, cited
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64, citedCOUNSEL:
B J Power for the applicant
C W Heaton QC for the respondentSOLICITORS:
Fisher Dore Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
GOTTERSON JA: I agree with the orders proposed by Applegarth J and with the reasons given by his Honour.
ATKINSON J: I agree with the orders proposed by Applegarth J and with his Honour’s…
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- AGLC
- R v Stamatov [2017] QCA 158
- Case
- [2017] QCA 158
- Decision Date
CaseChat Overview and Summary
The court considered whether it was appropriate to distinguish between the harmfulness of steroids and other Schedule 1 drugs for sentencing purposes and whether the sentencing judge correctly interpreted the requirement for "exceptional circumstances" to justify a non-custodial sentence. The applicant argued that the sentencing judge had erred by determining that exceptional circumstances had to be shown before a sentence not involving actual imprisonment could be imposed for trafficking in a Schedule 1 drug. The court examined whether this interpretation fettered the sentencing discretion.
The court found that the sentencing judge had indeed erred in concluding that a distinction between the harmfulness of steroids and other Schedule 1 drugs could not be made for sentencing purposes. However, the court held that this error was not sufficient to interfere with the sentence imposed. The applicant's argument that the judge had incorrectly applied the "exceptional circumstances" test was also rejected. The court determined that the sentencing judge had not erred in law and that the sentence imposed was appropriate in all the circumstances.
The court granted leave to appeal against the sentence but dismissed the appeal. The court found that the sentencing judge's error in law did not warrant interference with the sentence imposed, as the judge had ultimately considered all relevant factors in determining the appropriate sentence. The court emphasised the importance of correctly applying the law in sentencing but concluded that in this case, the error did not lead to an unjust outcome.
Orders
Orders of the court
1. Leave to appeal against sentence granted.
2. The appeal is dismissed.
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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