SUPREME COURT OF QUEENSLAND
CITATION:
R v Warren [2011] QCA 89
PARTIES:
R
v
WARREN, Robert John
(applicant/appellant)FILE NO/S:
CA No 12 of 2011
SC No 5 of 2007
SC No 8 of 2007
SC No 47 of 2007
SC No 48 of 2007
SC No 30 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
Supreme Court at Townsville
DELIVERED ON:
10 May 2011
DELIVERED AT:
Brisbane
HEARING DATE:
11 April 2011
JUDGES:
Fraser JA, Atkinson and Peter Lyons JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for extension of time to file an application for leave to appeal against sentence granted.
2. Application for leave to appeal against sentence granted.
3. Appeal against sentence allowed.
4. Sentence varied to the extent of reducing the sentence on the count of producing a dangerous drug on 12 May 2005 to four years imprisonment, removing his parole release date and fixing his parole eligibility date as 13 April 2007.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted on his plea of guilty of multiple drug offences, including one count of producing a dangerous drug exceeding 2 grams, two driving offences and two weapons offences – where the applicant was sentenced to a head sentence of five years imprisonment on the producing count and concurrent sentences of two and three years imprisonment on the lesser counts – where the applicant had already served 698 days in pre-sentence custody which could not be declared as time spent under the sentence – where the applicant contends that the learned sentencing judge failed to take account of the time already spent in fixing the head sentence – whether the sentence imposed was manifestly excessive
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant filed an application for an extension of time within which to appeal some three years and nine months out of time – where the applicant says he only recently realised the effect of the sentence – whether the application for an extension should be granted
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the learned sentencing judge fixed a parole eligibility date with respect to the sentence of five years imprisonment and a parole release date with respect to the lesser sentences of imprisonment – whether a parole release date could be set
Penalties and Sentences Act 1992 (Qld), s 159A, s 160A(1), s 160B, s160C, s 160D
Puschenjak v Wade[2002] QCA 190, cited
R v Boyd[2001] QCA 421, considered
R v Campbell[2002] QCA 109, considered
R v Cromwell [2008] QCA 191, considered
R v Forsythe[2011] QCA 71,…
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- AGLC
- R v Warren [2011] QCA 89
- Case
- [2011] QCA 89
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentence imposed was manifestly excessive and whether the applicant's application for an extension of time to appeal was valid. The applicant's notice of appeal was filed three years and nine months out of time, and he argued that he only recently realised the effect of the sentence. The court had to determine if the application for an extension should be granted. Additionally, the court examined whether a parole release date could be set for the lesser sentences of imprisonment.
The court granted the application for an extension of time to file an application for leave to appeal against sentence. The court found that the sentence imposed was manifestly excessive because the sentencing judge did not take into account the time the applicant had already served in custody. The court allowed the appeal against sentence and varied the sentence on the count of producing a dangerous drug on 12 May 2005 to four years imprisonment, removing the parole release date and fixing the parole eligibility date as 13 April 2007.
Orders
Orders of the court
1. Application for extension of time to file an application for leave to appeal against sentence granted.
2. Application for leave to appeal against sentence granted.
3. Appeal against sentence allowed.
4. Sentence varied to the extent of reducing the sentence on the count of producing a dangerous drug on 12 May 2005 to four years imprisonment, removing his parole release date and fixing his parole eligibility date as 13 April 2007.
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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