R v Woods

[2004] QCA 204

SUPREME COURT OF QUEENSLAND

CITATION: 

R v Woods [2004] QCA 204

PARTIES: 

R
v
WOODS, Steven Malcolm
(applicant/appellant)

FILE NO/S: 

CA No 99 of 2004 SC No 589 of 2003

DIVISION: 

Court of Appeal

PROCEEDING: 

Sentence Application

ORIGINATING 
COURT: 

Supreme Court at Brisbane

DELIVERED ON: 

18 June 2004

DELIVERED AT: 

Brisbane

HEARING DATE: 

31 May 2004

JUDGES: 

Jerrard JA and Atkinson and Philippides JJ
Judgment of the Court

ORDERS: 

1.	Application for leave to appeal against sentence allowed
2.	Appeal allowed only to the extent of suspending the sentence on each count after the applicant has served four months with an operational period of three years

CATCHWORDS: 

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – WHEN GRANTED

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – MISCELLANEOUS MATTERS – PLEA OF GUILTY, CONTRITION AND CO-OPERATION – GENERALLY – where applicant convicted of one count of possessing the dangerous drug cannabis sativa; one count of possessing the dangerous drug methylamphetamine with a circumstance of aggravation; and summary offences – where head sentence was 12 months’ imprisonment – where applicant pleaded guilty – where head sentence within appropriate range – requirements of s 13 Penalties and Sentences Act 1992 (Qld) – necessity to take into account guilty plea and provide reasons essential to the transparency of sentencing process – whether the sentencing judge failed to take into account the plea of guilty – where sentencing judge failed to give reasons for not reducing sentence on account of the plea of guilty

Penalties and Sentences Act 1992 (Qld), s 13

Cameron v R [2002] HCA 6, (2002) 209 CLR 339, cited
R v Brooker [2002] QCA 101, CA No 35 of 2002, 21 March
2002, considered
R v Christie [2000] QCA 165, CA No 430 of 1999, 8 May
2000, considered
R v Kennedy [2000] QCA 140, CA No 23 of 2000, 14 April
2000, considered
R v Taylor & Napatali; ex parte A-G (Qld) [1999] QCA 323,
(1999) 106 A Crim R 578, applied

COUNSEL: 

S R Lewis for the applicant/appellant
R G Martin for the respondent

SOLICITORS: 

A W Bale & Son for the applicant/appellant
Director of Public Prosecutions (Queensland) for the
respondent

1. THE COURT: The applicant, Steven Malcolm Woods, was sentenced on 26 March 2004 to 12 months' imprisonment on each of one count of possession of the dangerous drug cannabis sativa and one count of possession of the dangerous drug methylamphetamine in excess of 2 grams. The applicant for leave to appeal against sentence does not dispute that head sentence, but it is submitted that the learned sentencing judge failed to take into account the requirements of s 13 of the Penalties and Sentences Act, that is that the guilty plea must be taken into account and the sentence may be reduced from what would have…