R v Whyte

[2003] QCA 56

SUPREME COURT OF QUEENSLAND

CITATION:

R v Whyte [2003] QCA 56

PARTIES:

R
v
WHYTE, Samantha Joy
(applicant)

FILE NO/S:

CA No 429 of 2002
SC No 481 of 2002

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

20 February 2003

DELIVERED AT:

Brisbane

HEARING DATE:

20 February 2003

JUDGES:

McMurdo P, Mackenzie and Philippides 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 dismissed

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES – where applicant convicted of trafficking in cannabis and sentenced to 4 years imprisonment, suspended after serving one year for an operational period of 5 years – where applicant also convicted of receiving property obtained from trafficking possession of a dangerous drug, possession of a dangerous drug, permitting use of a place to be used for the commission of a crime and possessing things to be used for the commission of a crime – whether manifestly excessive

R v Haygarth [1995] QCA 403; CA No 220 of 1995, 28 July 1995, considered
R v McFadden [1998] QCA 288; CA No 132 of 1994, 12 August 1994

COUNSEL:

K M McGuinness for the applicant
M J Copley for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  Justice Philippides will give her reasons first.

PHILIPPIDES J:  This is an application for leave to appeal against the sentence imposed on the applicant, on the ground that the sentence was manifestly excessive.

On 15 November 2002, the applicant pleaded guilty to one count of trafficking in cannabis, in respect of which he received a sentence of four years' imprisonment, suspended after 12 months, with an operational period of five years.

She was also convicted on her own plea, to one count of receiving property obtained from the trafficking and sentenced to 12 months' imprisonment, one count of possession of cannabis, in respect of which a sentence of six months' imprisonment was imposed, one count of permitting the use of a place for the commission of a crime, in respect of which a sentence of 12 months was imposed and one count of possession of things used for the commission of a crime, to which she was sentenced to six months' imprisonment.

The applicant was about 20 years at the time the offences were committed.  The circumstances concerning the offences are as follows.  As a result of information received on 25 March 2002, the police kept the residence of the applicant and her husband under observation and the following day, stopped and searched an individual who had attended at the residence.

They found cannabis on that person and subsequently, they stopped another individual who had been to the premises and found additional items that caused them to obtain a search warrant, which they executed on the applicant's residence on 30 March 2002.