R v Stone

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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CaseChat Overview and Summary

In the matter of R v Stone, the applicant was convicted of producing more than 500 grams of cannabis sativa, possessing the same drug, and possessing items used in connection with producing the drug. Stone was sentenced to 12 months' imprisonment to be suspended after serving six months with an operational period of three years on the first count, and two years' probation on the second count. Stone sought to appeal against the sentence imposed on him, arguing that the sentence was manifestly excessive and that he should have received a non-custodial sentence due to mitigating circumstances in his favour.

The primary legal issue before the court was whether the sentence of imprisonment imposed on Stone was manifestly excessive in all the circumstances. Stone argued that he should have received a non-custodial sentence due to his age, chronic pain, good record of employment and community service, plea of guilty and co-operation with police. Stone claimed that the drug was for his own use and that there were mitigating circumstances in his favour.

The court dismissed the application for leave to appeal against the sentence. The court found that while the applicant had a significant criminal history involving the production and possession of marijuana, this was not the sole factor in determining the sentence. The court also considered the seriousness of the offence, the need for general deterrence and the need to protect the community. The court held that the sentence imposed was not manifestly excessive in all the circumstances and that the applicant had not demonstrated that the sentence was unjust or disproportionate.

No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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