Court of Appeal

R v Heilbronn [2017] QCA 021 (16/117) Fraser and Philip McMurdo JJA and Henry J 3 March 2017

Full-text: QCA17-021.pdf

Catchwords

CRIMINAL LAW – PROCEDURE – JURIES – DISCHARGE AND EXCUSING FROM ATTENDANCE – PUBLICITY – where the offender was charged with the production and trafficking of methylamphetamine and cannabis – where a news article was broadcast during the trial showing the appellant leaving the watch-house and attempting to cover his face – where the broadcast included information about the scale of the police operation and disclosed that the appellant was presently in custody – where the broadcast included a picture of four blocks of methylamphetamine which had been seized – where the case was long and there would be substantial inconvenience in discharging the jury – where the judge directed the jury in clear terms not to take the broadcast into consideration – whether the broadcast was sufficiently prejudicial that the refusal to discharge the jury caused a miscarriage of justice

CRIMINAL LAW – SENTENCE – SENTENCING ORDERS – ORDERS AND DECLARATIONS RELATING TO SERIOUS OR VIOLENT OFFENDERS OR DANGEROUS SEXUAL OFFENDERS – where the offender was charged with the production and trafficking of methylamphetamine and cannabis – where the trafficking was a sophisticated operation which earned significant profit – where the trafficking in cannabis constituted the bulk of the operation – where the offender was sentenced to 11 years’ imprisonment with the necessary consequence of a serious violent offence declaration – whether the sentence was manifestly excessive