R v Vincent; ex parte

[2000] QCA 250

SUPREME COURT OF QUEENSLAND

CITATION:

R v Vincent; ex parte A-G [2000] QCA 250

PARTIES:

R
v
VINCENT, Barry Colin
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 85 of 2000
SC No 21 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by Attorney-General (Qld)

ORIGINATING COURT:

Supreme Court at Toowoomba

DELIVERED ON:

23 June 2000

DELIVERED AT:

Brisbane

HEARING DATE:

19 June 2000

JUDGES:

Pincus, Davies and Thomas JJA
Judgment of the Court

ORDER:

Appeal dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY-GENERAL OR OTHER CROWN LAW OFFICER – APPLICATION TO INCREASE SENTENCE – OTHER OFFENCES - whether failure to impose an actual term of imprisonment manifestly inadequate in the circumstances – inconsistent submissions by Crown at first instance and on appeal

CRIMINAL LAW – JUDGMENT AND PUNISHMENT – RECOGNIZANCES, PROBATION AND OTHER NON-CUSTODIAL ORDERS – PROBATION ORDERS AND SUSPENSION OF SENTENCE – GENERALLY – whether suspended sentence may be imposed in conjunction with community service order – reasoning in Hughes does not extend to prevent the imposition of a suspended sentence in conjunction with a community service order – no prohibition implicit in Penalties and Sentences Act

Penalties and Sentences Act 1991 s 92, s 103(2)(b)

R v Applewaite and Jones (1996) 90 A Crim R 167, considered
R v Arana [2000] QCA 184, CA No 441 of 1999, 16 May 2000, considered
R v Craig David Hughes [2000] QCA 16, CA No 306 of 1999, 11 February 2000, considered
R v Hughes [1999] 1 Qd R 389, considered

R v M ex parte Attorney-General [1999] QCA 442, CA No 251 of 1999, 2 November 1999, considered

COUNSEL:

N Weston for the appellant
C Chowdhury for the respondent

SOLICITORS:

Director of Public Prosecutions (Queensland) for the appellant

Legal Aid Queensland for the respondent

1. THE COURT:  This is an appeal by the Attorney-General against sentences imposed for offences of production and possession of cannabis with a circumstance of aggravation.  On the production count the respondent was sentenced to three months imprisonment wholly suspended for 12 months.  On the possession count  he was ordered to perform 80 hours community service, and a conviction was recorded.

1. The respondent is a 53 year old disability pensioner who lives in Stanthorpe with his wife.  He has a long working history of work as a steel worker, roof plumber and panel beater.  In more recent years he performed seasonal farm work but this diminished when his health started to deteriorate.

1. The circumstances of the offences are that police executed a warrant on his residence on 25 November 1999 and found 596 cannabis plants ranging from seedlings to plants said to be one metre tall.  However, the numerous photographic exhibits fail to show any plants of more than half that size.  The analyst's certificate reports the weight of "plants with roots removed and green plant material" as a mere 46.9…