Court of Appeal

R v Squires [2016] QCA 348 (16/188) Margaret McMurdo P and Fraser JA and Ann Lyons J 23 December 2016

Full-text: QCA16-348.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER – where the applicant pleaded guilty to eleven summary charges and sixteen indictable offences including two counts of trafficking – where the first count of trafficking was more serious than the second count of trafficking – where the second count of trafficking attracted the provisions of s 5(2) Drugs Misuse Act 1986 (Qld) – where the applicant was sentenced to four and five years imprisonment for the first and second counts of trafficking respectively – where the applicant was required to serve 80 per cent of the five year sentence – whether the learned sentencing judge erred by imposing a greater term of imprisonment for the less serious count of trafficking on which s 5(2) Drugs Misuse Act 1986 (Qld) applied – whether the learned sentencing judge erred by failing to consider the appropriateness of the sentence

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – EFFECT OF SENTENCE OF IMPRISONMENT ON PRISONER – where the applicant pleaded guilty to eleven summary charges and sixteen indictable offences including two counts of trafficking – where the applicant was sentenced to a head sentence of five years imprisonment – whether the learned sentencing judge erred by failing to moderate the sentence to take into account the applicant’s psychiatric illness

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to eleven summary charges and sixteen indictable offences including two counts of trafficking – where the applicant was sentenced to a head sentence of five years imprisonment – whether the sentence was manifestly excessive