SUPREME COURT OF QUEENSLAND
CITATION:
R v Turner [2006] QCA 133
PARTIES:
R
v
TURNER, Virginia Dawn
(applicant)FILE NO/S:
CA No 340 of 2005
SC No 55 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Townsville
DELIVERED ON:
28 April 2006
DELIVERED AT:
Brisbane
HEARING DATE:
11 April 2006
JUDGES:
Williams JA, Chesterman and Mullins JJ
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 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 - where the applicant pleaded guilty to four drug related charges involving the trafficking of both cannabis and morphine - where the applicant had a relevant criminal history - where the sentencing judge noted that the drug dealings “were at a low level” but were also occurring on a “regular basis” - whether the learned sentencing judge gave proper consideration to the psychological, physical and emotional difficulties suffered
by the applicant - whether the sentence was manifestly excessive in all the circumstancesR v Oldfield [2004] QCA 435; CA No 310 of 2004, 16 November 2004, distinguished
R v Taylor [2005] QCA 379; CA No 192 of 2005, 14 October 2005, distinguished
COUNSEL:
H A Walters for the applicant
R Pointing for the respondent
SOLICITORS:
Arthur Browne & Associates for the applicant
Director of Public Prosecutions (Queensland) for the respondent
WILLIAMS JA: The applicant pleaded guilty on 23 November 2005 in the Supreme Court at Townsville to four drug-related charges. Particulars of the charges are as follows:
i. between 1 September 1997 and 9 February 2005 carrying on the business of unlawfully trafficking in cannabis;
ii. between 1 January 1999 and 9 February 2005 carrying on the business of unlawfully trafficking in morphine;
iii. on 8 February 2005 had possession of a sum of money, namely $1,710, obtained from trafficking in dangerous drugs; and
iv. on 8 February 2005 had possession of a set of scales used in connection with the crime of trafficking in dangerous drugs.
The following sentences were imposed:
Count 1 - five years imprisonment suspended after two years for an operational period of five years;
Count 2 - three years imprisonment suspended after nine months for an operational period of three years;
Count 3 - two years imprisonment suspended after nine months for an operational period of two years; and
Count 4 - two years imprisonment suspended after nine months for an operational period of two years.
The applicant seeks leave to appeal against the sentences on the ground they were "manifestly excessive in all the circumstances".
It appears that counts 1 and 2 were made separate charges because of the different periods involved in the trafficking. But for that, there could have been a single charge, namely trafficking in cannabis and morphine.…
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- AGLC
- R v Turner [2006] QCA 133
- Case
- [2006] QCA 133
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether Turner's appeal against sentence should be allowed. This involved examining whether the sentencing judge had adequately considered Turner's personal circumstances and the impact of his drug-related activities. The court also needed to assess whether the sentence was manifestly excessive, taking into account the nature of the offences and the applicant's criminal history.
The court found that the sentencing judge had indeed given proper consideration to Turner's personal circumstances and had appropriately weighed the various factors in determining the sentence. The court was satisfied that the sentence imposed was not manifestly excessive, as it was proportionate to the nature and circumstances of the offences committed. The court further noted that Turner's appeal against sentence was not well-founded, and therefore, it refused the application for leave to appeal against sentence.
In conclusion, the court held that Turner's appeal against sentence was not successful. The court found that the sentencing judge had appropriately considered the personal circumstances of the applicant and that the sentence imposed was proportionate to the nature and circumstances of the offences. Consequently, the application for leave to appeal against sentence was refused.
Orders
Orders of the court
Application for leave to appeal against sentence 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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