R v Stone

[2006] QCA 103

SUPREME COURT OF QUEENSLAND

CITATION:	R v Stone [2006] QCA 103
PARTIES:	R v STONE, James Henry (applicant)
FILE NO/S:	CA No 49 of 2006 SC No 55 of 2005
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	Supreme Court at Cairns
DELIVERED EX TEMPORE ON:	7 April 2006
DELIVERED AT:	Brisbane
HEARING DATE:	7 April 2006
JUDGES:	McMurdo P, Jerrard JA and Chesterman 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 dismissed
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY - where applicant convicted of producing more than 500 grams of cannabis sativa, possessing this drug and possessing items used in connection with producing this drug - where applicant sentenced on first count to 12 months' imprisonment to be suspended after serving six months with an operational period of three years and on second count to two years' probation – where applicant has a significant criminal history involving production and possession of marijuana – where applicant claims to obtain relief from arthritic pain by the medicinal use of cannabis – where applicant claims that his age, chronic pain, good record of employment and community service, plea of guilty and co-operation with police are factors in his favour in this application – whether applicant should have received a non-custodial sentence given that the drug was for applicant's own use and that there are mitigating circumstances in applicant's favour – whether sentence of imprisonment was manifestly excessive in all the circumstances
COUNSEL:	J T Bradshaw for the applicant B G Campbell for the respondent
SOLICITORS:	No appearance for the applicant Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  By majority the order of the Court is that the application for leave to appeal is dismissed.

I order that a transcript be prepared of today's proceedings and that a copy of it be given to Mr Bradshaw, who is appearing on behalf of the applicant.

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