SUPREME COURT OF QUEENSLAND
CITATION:
PARTIES:
R
v
WYNYARD, Gregory John(applicant)
FILE NO/S:
CA No 296 of 2004
SC No 205 of 2004
DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED EX TEMPORE ON:
12 November 2004
DELIVERED AT:
Brisbane
HEARING DATE:
12 November 2004
JUDGES:
McPherson and Jerrard JJA and Fryberg J
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 – Appeal and new trial and inquiry after conviction – Appeal against sentence – Appeal by convicted persons – Applications to reduce sentence – When refused
R v Gasparini, unreported, Chesterman J, SC No 569 of 2003, 14 May 2004
COUNSEL:
The appellant appeared on his own behalf
R G Martin for the respondent
SOLICITORS:
The appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
FRYBERG J: On 4th August this year Mr Wynyard was sentenced to imprisonment for two and a half years suspended after 12 months for an operational period of three years. He now seeks leave to appeal against that sentence on the ground that it is manifestly excessive.
Mr Wynyard pleaded guilty to two counts of possessing dangerous drugs. The offences occurred in December 2002. On the second charge which related to a small quantity of cannabis sativa, a conviction was recorded but no further penalty imposed. Unsurprisingly there is no appeal against that sentence and it is unnecessary to refer further to it.
The first count related to possession of 422 tablets containing MDMA the net weight of which exceeded 30 grams. The tablets were found in a rubbish bin in the kitchen when police executed a search warrant at Mr Wynyard's unit at Main Beach. Mr Wynyard told police that he found them when his cat was digging a hole in the front garden the previous night. No scales, customer lists, other plastic bags or large amounts of cash were found.
Mr Wynyard was charged and released on bail. In due course committal proceedings were held and an indictment was presented in this Court on 23 April this year. It does not appear precisely when Mr Wynyard communicated his intention to plead guilty but it was not suggested that it was an early plea.
Mr Wynyard gave evidence before the sentencing Judge. He then admitted, apparently for the first time, that what he told the police was false. He claimed that the true position was that he had purchased the tablets from a man named "John". He said that he met John while playing poker machines at Southport Surf Lifesaving Club. John gave him one ecstasy tablet because of his depression. That led to a small number of purchases in quantities of one or two, for each of which he paid $30.
One evening John said he had to travel interstate and he…
Continue reading R v Wynyard
Sign in free to access the full text
- AGLC
- R v Wynyard [2004] QCA 431
- Case
- [2004] QCA 431
- Decision Date
CaseChat Overview and Summary
The court examined the circumstances of the offence, the nature of the crime, and the principles of sentencing relevant to the case. It took into account the seriousness of the offence, the defendant's criminal history, and any mitigating or aggravating factors. The court concluded that the sentence imposed was within the range of reasonable outcomes and that there was no basis to interfere with the decision of the lower court. The appeal was dismissed, and the original sentence was upheld. The court found no grounds to reduce the sentence and dismissed the application for leave to appeal.
The final orders of the court were that the application for leave to appeal against the sentence was dismissed. The original sentence imposed by the lower court was confirmed, and Wynyard was required to serve the sentence as determined. This decision upheld the original sentencing decision, reflecting the court's view that the sentence was appropriate and just in the circumstances of the case.
Orders
Orders of the court
Application for leave to appeal against sentence dismissed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.