SUPREME COURT OF QUEENSLAND
CITATION:
R v Thompson [2008] QCA 256
PARTIES:
R
v
THOMPSON, Craig Richard
(applicant)FILE NO/S:
CA No 128 of 2008
SC No 436 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
29 August 2008
DELIVERED AT:
Brisbane
HEARING DATE:
22 August 2008
JUDGES:
Keane JA, Mackenzie AJA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused
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 – where the applicant was convicted on his plea of guilty of carrying on the business of trafficking in methylamphetamine – where the applicant was sentenced to seven years imprisonment with parole eligibility after three years and three months – where the applicant’s two co-offenders received lesser sentences of five years imprisonment with parole eligibility after two years, and four years imprisonment suspended after 15 months for five years – where the learned sentencing judge noted the different circumstances of each offender – whether the applicant’s sentence was manifestly excessive – whether there was an unjustifiable lack of parity between the sentences of the applicant and his co-offenders
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, cited
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25, cited
R v Assurson (2007) 174 A Crim R 78; [2007] QCA 273, cited
R v Elizalde[2006] QCA 330, cited
R v Kashton[2005] QCA 70, cited
R v Zeremes& Zeremes[2003] QCA 255, citedCOUNSEL:
P E Smith for the applicant
M B Lehane for the respondentSOLICITORS:
Fisher Dore Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
KEANE JA: I have had the advantage of reading the reasons for judgment prepared by Mackenzie AJA. I agree with those reasons and the order proposed by his Honour.
MACKENZIE AJA
: The applicant was convicted on his plea of guilty of an offence of carrying on the business of trafficking in methylamphetamine. The period alleged in the indictment is about seven and a half months, but in submissions it was said to be actually about six months. He was sentenced to
seven years imprisonment with parole eligibility after three years and three months.
The appeal is confined to the argument that the applicant has a justifiable sense of grievance when his sentence is compared to those of his co-offenders. It is submitted that a sentence of six years imprisonment should have been imposed. To reflect the plea of guilty, although admittedly very late, it would be within the court’s discretion to make a recommendation for parole after two and a half years. Having regard to the nature of the issue in this application, it is necessary to…
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- AGLC
- R v Thompson [2008] QCA 256
- Case
- [2008] QCA 256
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles and the specific circumstances of each offender as noted by the trial judge. It was noted that the trial judge had carefully considered the differences in the roles and culpability of each offender. The applicant argued that his sentence was disproportionately harsher compared to his co-offenders, despite their lesser roles in the offence. The court had to determine whether the sentencing judge had erred in assessing the appropriate sentence for the applicant.
After considering the arguments and the sentencing principles, the court concluded that the trial judge had appropriately exercised their discretion in imposing the sentence. The court found that there was no manifest excess in the sentence and no unjustifiable lack of parity. The differing roles and levels of involvement of the offenders justified the variance in the sentences imposed. Consequently, the appeal against the sentence was dismissed, and the application to reduce the sentence was refused.
Orders
Orders of the court
Application refused
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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