R v Taylor

[2006] QCA 459

SUPREME COURT OF QUEENSLAND

CITATION:

R v Taylor [2006] QCA 459

PARTIES:

R
v
TAYLOR, Chez Steven
(applicant/appellant)

FILE NO/S:

CA No 162 of 2006
SC No 438 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

10 November 2006

DELIVERED AT:

Brisbane

HEARING DATE:

20 October 2006

JUDGES:

Jerrard and Keane JJA and Philip McMurdo J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

1. Application for leave to appeal against sentence allowed
2. Appeal against sentence allowed
3. Vary the sentence imposed of seven years and four months imprisonment by fixing a parole eligibility date of 26 November 2008

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OTHER OFFENCES – applicant pleaded guilty to one count of unlawful trafficking of a dangerous drug, 11 counts of supplying a dangerous drug to another, two counts of possession of a dangerous drug – sentenced to seven years and four months imprisonment (in total) on the trafficking count – whether sentence is manifestly excessive – whether sentencing judge err in neither suspending sentence nor recommending consideration for release on parole at some point earlier than the half-way mark of that sentence

Penalties and Sentences Act 1992 (Qld), s 160C(5)

R vBradforth [2003] QCA 183; CA No 423 of 2002, 9 May 2003, considered
R v Elizalde [2006] QCA 330; CA No 158 of 2006, 1 September 2006, considered

COUNSEL:

P E Smith for the applicant
M J Copley for the respondent

SOLICITORS:

Fisher Dore for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. JERRARD JA:  On 26 May 2006 Mr Taylor pleaded guilty to one count of carrying on the business of unlawfully trafficking in dangerous drugs, 11 counts of supplying dangerous drugs to another, and two counts of possession of dangerous drugs.  He was sentenced to a total of seven years and four months imprisonment on the trafficking count, and has applied for leave to appeal, complaining that the sentence was rendered manifestly excessive because the learned sentencing judge had neither suspended it, nor recommended consideration for release on parole, at some point earlier than the halfway mark of that sentence.

1. Mr Taylor pleaded guilty to trafficking in the dangerous drugs cocaine, methylamphetamine, 3,4-methylenedioxymethamphetamine (MDMA), and 3,4-methylenedioxyamphetamine (MDA).  He admitted by his pleas supplying cocaine to an undercover police officer on nine separate occasions between 15 August 2004 and 27 November 2004.  (The period of the trafficking charge was from 3 August 2004 to 27 November 2004).  He also admitted to possessing the dangerous drugs methylamphetamine and ketamine on 25 February 2005, when police raided his residence.  He was 21 when he offended, and 23 when sentenced; he had one prior finding against him of relevance, for possession of a dangerous drug…