SUPREME COURT OF QUEENSLAND
CITATION:
R v Weston [2005] QCA 176
PARTIES:
R
v
WESTON, Radan Noel Thomas
(applicant)FILE NO/S:
CA No 87 of 2005
DC No 31 of 2004
DC No 2 of 2005DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Bowen
DELIVERED EX TEMPORE ON:
30 May 2005DELIVERED AT:
Brisbane
HEARING DATE:
30 May 2005
JUDGES:
McPherson and Keane JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Application for leave to appeal granted
2. Appeal allowed
3. Substitute for the sentence of four years imprisonment, a sentence of four years imprisonment with a recommendation that the applicant be eligible for parole after 18 monthsCATCHWORDS:
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 GRANTED - PARTICULAR OFFENCES - PROPERTY OFFENCES - where the applicant pleaded guilty to four counts of entering a dwelling and stealing, one count of entering a premises with intent to commit an indictable offence and two counts of receiving - where value of stolen property amounted to over $83,000 - where applicant had a criminal history that reflected his addiction to drugs and included convictions for fraud - where the applicant had voluntarily sought treatment for his drug addiction - where the applicant had co-operated with the authorities by pleading guilty to offences for which there was no other evidence against him but had committed further offences after being released on bail - where the sentencing judge imposed a sentence of four years imprisonment with respect to each count - whether the sentence imposed was manifestly excessive
R v Davidson [1997] QCA 279; CA No 210 of 1997, 7 August 1997, cited
R v Easton [2002] QCA 110; CA No 12 of 2002, 21 March 2002, cited
R v Hammond [1996] QCA 508; [1997] 2 Qd R 195, citedR v Smerdon [1996] QCA 444; CA No 258 of 1996, 12 November 1996, distinguished
COUNSEL:
A W Moynihan for applicant
C W Heaton for respondentSOLICITORS:
Legal Aid Queensland for applicant
Director of Public Prosecutions (Queensland) for respondent
McPHERSON JA: I will ask Justice Keane to deliver the first judgment in this matter.
KEANE JA: On 8 March 2005, the applicant pleaded guilty to four counts of entering a dwelling and stealing between 28 May 2003 and 5 February 2004, one count of entering premises with intent to commit an indictable offence and two counts of receiving. The learned sentencing judge imposed a sentence of four years imprisonment on each count.
The applicant was born on 5 April 1977. He was therefore 25 years of age when the offences were committed and 27 years of age at the day of sentence. The applicant is a drug addict.
The offences for which he was sentenced…
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- AGLC
- R v Weston [2005] QCA 176
- Case
- [2005] QCA 176
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed was manifestly excessive and whether the court should grant leave to appeal and substitute a different sentence. The court considered the totality of the applicant's criminal history, his addiction, his efforts to seek treatment, and his co-operation with the authorities. The court also weighed the seriousness of the offences and the need for deterrence and denunciation.
The court found that while the applicant's criminal history was significant, his voluntary efforts to seek treatment for his drug addiction and his co-operation with the authorities were mitigating factors. The court concluded that the sentence imposed was manifestly excessive given these factors. The court granted leave to appeal, allowed the appeal, and substituted a sentence of four years imprisonment with a recommendation that the applicant be eligible for parole after 18 months.
Orders
Orders of the court
1. Application for leave to appeal granted
2. Appeal allowed
3. Substitute for the sentence of four years imprisonment, a sentence of four years imprisonment with a recommendation that the applicant be eligible for parole after 18 months
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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