SUPREME COURT OF QUEENSLAND
CITATION:
R v Thornbury [2017] QCA 283
PARTIES:
R
v
THORNBURY, Terrence John
(applicant)FILE NO/S:
CA No 344 of 2016
SC No 1256 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Sentence: 18 November 2016 (Byrne SJA)
DELIVERED ON:
17 November 2017
DELIVERED AT:
Brisbane
HEARING DATE:
30 August 2017
JUDGES:
Sofronoff P and Morrison JA and Boddice J
ORDER:
Leave to appeal be refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of trafficking in a dangerous drug – where the applicant was sentenced to 10 years’ imprisonment – where the conviction was declared a serious violent offence – where the sole ground of appeal contended is that the sentence imposed was manifestly excessive in all the circumstances – whether leave to appeal should be granted
AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, considered
R v Ahmetaj (2015) 256 A Crim R 203; [2015] QCA 248, considered
R v Gordon[2016] QCA 10, considered
R v Heckendorf[2017] QCA 59, applied
R v Heilbronn[2017] QCA 21, considered
R v Kalaja [2012] QCA 329, considered
R v Kerma [2006] QCA 127, considered
R v Salter[2010] QCA 284, considered
R v Tout [2012] QCA 296, appliedCOUNSEL:
M J Copley QC for the applicant
J A Wooldridge for the respondentSOLICITORS:
Guest Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: I agree with the reasons of Boddice J and with the order his Honour proposes.
MORRISON JA: I have read the reasons of Boddice J and agree with those reasons and the order his Honour proposes.
BODDICE J: On 18 October 2016, the applicant pleaded guilty to one count of trafficking in a dangerous drug, namely, cannabis. The trafficking period was between 1 January 2013 and 16 April 2014.
On 18 November 2016, the applicant was sentenced to 10 years imprisonment with 38 days pre-sentence custody declared as time served in respect of that sentence. As a consequence of that sentence, the conviction was declared to be a conviction of a serious violent offence pursuant to s 161B of the Penalties and Sentences Act 1992.
The applicant seeks leave to appeal that sentence of imprisonment. The sole ground for the appeal, should leave be granted, is that the sentence imposed was manifestly excessive in all the circumstances.
Background
The applicant was born on 9 November 1977. He was 39 years of age at the time of sentence and 35 to 36 years of age at the time of the trafficking offence.
The applicant had a limited prior criminal history. Relevantly, it included previous drug and firearm offences for which fines had been imposed in 2014 and 2016. The applicant had not…
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- AGLC
- R v Thornbury [2017] QCA 283
- Case
- [2017] QCA 283
- Decision Date
CaseChat Overview and Summary
The court examined the circumstances of the offence, which involved the trafficking of significant quantities of cannabis over a period of approximately 15 months. The applicant played a key role in the operation, managing the communications with suppliers and purchasers. The court also considered the applicant's prior criminal history, which included drug and firearm offences, and noted that he had not previously been sentenced to periods of imprisonment. The court assessed the sentence in light of relevant authorities and the principles governing the sentencing of serious violent offences.
The court concluded that the sentence imposed on the applicant did not markedly differ from relevant authorities, nor was it unreasonable or plainly unjust. The comparison with other cases, such as those of Kerma and Gordon, demonstrated that the sentence was appropriate given the scale and nature of the applicant's involvement in the drug trafficking operation. Consequently, the court found that the sentence was not manifestly excessive.
ORDERS:
Leave to appeal be refused.
Orders
Orders of the court
Leave to appeal be refused.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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