Young v White

Case [2016] QDC 159


DISTRICT COURT OF QUEENSLAND

CITATION:

Young v White [2016] QDC 159

PARTIES:

BRENDAN YOUNG

(appellant)

and

ADAM CHRISTOPHER WHITE

(respondent)

and

BRENDAN YOUNG

(appellant)

and

DANIEL ANTHONY SANTA-MARIA 

FILE NO/S:

(respondent)

and

MICK GUIDA

(appellant)

v

AHMED CHEHAB KADDOUR

(respondent)

and

MICK GUIDA

(appellant)

v

JACQUES VETEA TEAMO

(respondent)

and

NIGEL BULL

(appellant)

v

SANJIN DELALIC

(respondent)

MAG 00190641/13 (9), 00197536/13 (6), 00027933/13, 00190764/13 (3), 0015891/15; Appeals 3538-3542 of 2015.

DIVISION:

PROCEEDING:

Criminal Appeal

ORIGINATING COURT:

Magistrates Court at Brisbane

DELIVERED ON:

24 June 2016

DELIVERED AT:

Brisbane

HEARING DATE:

3 June 2016

JUDGE:

McGill SC DCJ

ORDER:

Appeals allowed; sentences imposed by magistrate set aside; respondents resentenced as follows:

-     Respondent White: Convicted, conviction recorded, sentenced to 12 months imprisonment; sentence wholly suspended, with an operational period of 2 years and 2 months.

-     Respondent Santa-Maria: Convicted, conviction recorded, sentenced to 6 months imprisonment; sentence wholly suspended, with an operational period of 18 months.

-     Respondent Kaddour: Convicted, conviction recorded, sentenced to 7 months imprisonment; declare 2 days in custody, from 13 to 14 October 2013 inclusive, solely in relation to this offending to be imprisonment already served under the sentence; sentence wholly suspended, with an operational period of 21 months.

-     Respondent Teamo: Convicted, conviction recorded, sentenced to 13 months imprisonment; declare 2 days in custody, from 1 to 2 October 2013 inclusive, solely in relation to this offending to be imprisonment already served under the sentence; sentence wholly suspended, with an operational period of 2 years and 5 months.

-     Respondent Delalic: Convicted, conviction recorded, sentenced to 6 months imprisonment; sentence wholly suspended, with an operational period of 18 months.

CATCHWORDS:

APPEAL AND NEW TRIAL – Criminal law – sentence appeal – appeal by prosecution under Justices Act 1886 s 222 – test to be applied – approach to residual discretion.

CRIMINAL LAW – Sentence appeal – parity principle – application to decision on appeal – whether sentence manifestly inadequate – residual discretion. 

Justices Act 1886 s 222(2)(c), s 225.

Barbaro v R (2014) 253 CLR 58 – cited.
Clarke-Davis v Commissioner of Police [2014] QDC 61 – followed.
Commissioner of Police v Watmough [2015] QDC 46 – cited.
Dinsdale v R (2000) 202 CLR 321 – cited.
Everett v R (1994) 181 CLR 295 – cited.
Green v R (2011) 244 CLR 462 – cited.
Griffith v R (1977) 137 CLR 293 – cited.
House v R (1936) 55 CLR 499 – cited.
Lacey v Attorney General (2011) 242 CLR 573 – applied.
Lowe v R [1984] 154 CLR 606 – applied.
Mill v Scott, ex parte Mill [1955] St R Qd 210 – considered.
Munda v Western Australia (2013) 249 CLR 600 – cited.
Postiglione v R (1997) 189 CLR 295 – applied.
R v Beevers [1942] St R Qd 230 – considered.
R v Bell [1982] Qd R 216 – cited.
R v Cutts [2013] QCA 237 – cited.
R v H (1993) 66 A Crim R 505 – cited.
R v Hopper ex…

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Details
AGLC
Young v White [2016] QDC 159
Case
[2016] QDC 159
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Victoria, the prosecution appealed against the sentences imposed on five respondents convicted of various drug-related offences. The respondents were White, Santa-Maria, Kaddour, Teamo, and Delalic. The appeal was pursuant to the Justices Act 1886, section 222, which allows the Director of Public Prosecutions to appeal against a sentence that is deemed manifestly inadequate. The prosecution contended that the sentences were too lenient, considering the nature and gravity of the offences.

The court needed to determine whether the sentences imposed by the magistrate were manifestly inadequate, warranting intervention under the Justices Act. This involved assessing the sentences against the principle of parity, which requires consistency in sentencing for similar crimes. The court also had to consider the appropriate exercise of residual discretion to ensure sentences reflected the seriousness of the offences and maintained community confidence in the criminal justice system.

The court found that the sentences were indeed manifestly inadequate, failing to appropriately reflect the gravity of the offences. The court set aside the original sentences and resentenced the respondents. White was sentenced to 12 months imprisonment, wholly suspended for 2 years and 2 months. Santa-Maria and Delalic were both sentenced to 6 months imprisonment, wholly suspended for 18 months. Kaddour and Teamo were each sentenced to imprisonment terms, with specific days declared as time already served, and their sentences wholly suspended for 21 months and 2 years and 5 months respectively.

The court's decision underscores the importance of ensuring sentences are commensurate with the severity of the crimes and the need for consistency in sentencing to uphold public confidence in the justice system.

Orders

Orders of the court

Appeals allowed; sentences imposed by magistrate set aside; respondents resentenced as follows:

- Respondent White: Convicted, conviction recorded, sentenced to 12 months imprisonment; sentence wholly suspended, with an operational period of 2 years and 2 months.

- Respondent Santa-Maria: Convicted, conviction recorded, sentenced to 6 months imprisonment; sentence wholly suspended, with an operational period of 18 months.

- Respondent Kaddour: Convicted, conviction recorded, sentenced to 7 months imprisonment; declare 2 days in custody, from 13 to 14 October 2013 inclusive, solely in relation to this offending to be imprisonment already served under the sentence; sentence wholly suspended, with an operational period of 21 months.

- Respondent Teamo: Convicted, conviction recorded, sentenced to 13 months imprisonment; declare 2 days in custody, from 1 to 2 October 2013 inclusive, solely in relation to this offending to be imprisonment already served under the sentence; sentence wholly suspended, with an operational period of 2 years and 5 months.

- Respondent Delalic: Convicted, conviction recorded, sentenced to 6 months imprisonment; sentence wholly suspended, with an operational period of 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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