Court of Appeal

R v Abbott [2017] QCA 057 (16/293) Fraser and Philippides and McMurdo JJA 7 April 2017

Full-text: QCA17-057.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was convicted on his plea of guilty of trafficking in dangerous drugs (count 1), possessing a dangerous drug in excess of two grams (counts 2, 3 and 5), supplying a dangerous drugs (count 4), possessing a dangerous drug (count 6), possessing a mobile phone that had been used in connection with trafficking (count 7) and 10 summary offences – where the applicant was sentenced to 10 years imprisonment on count 1 and eight years imprisonment on count 5 with no further punishment in relation to counts 2-4 and 6-7 – where the applicant was intercepted by police at the airport in possession of 130.347 grams of pure methylamphetamine and 1.132 grams of pure cocaine – where the applicant trafficked wholesale methylamphetamine and cocaine for an active period of six and a half months – where the applicant reengaged in trafficking whilst on bail – where the applicant’s offending did not involve violent conduct – where the applicant had been convicted of two prior drug offences – whether the applicant’s sentence was comparable to that of another individual to whom he supplied wholesale quantities of methylamphetamine and cocaine – whether the sentence was manifestly excessive