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R v Ferris

 

[1979] CCA 81

IN THE COURT OF CRIMINAL APPEAL

C.A. No. 168 of 1979

BEFORE:

MR. JUSTICE D.M. CAMPBELL

MR. JUSTICE HOARE

MR. JUSTICE KNEIPP

BRISBANE, 15 OCTOBER 1979

(Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter, Court Reporting Bureau.)

-----

THE QUEEN

v.

JEFFREY JOHN FERRIS

THE HONOURABLE THE MINISTER FOR JUSTICE AND ATTORNEY-GENERAL OF QUEENSLAND

(Appellant)

JUDGMENT OF THE COURT

MR. JUSTICE D.M. CAMPBELL: This is an appeal against sentence by the Attorney-General under section 669A of the Criminal Code. The respondent pleaded guilty in the Magistrates Court at Wynnum on 25 June this year to three charges of receiving, three charges of breaking entering and stealing, four charges of house-breaking, one charge of breaking and entering with intent, one charge of having in his possession two pipes used in connection with the smoking of a prohibited plant and one charge of false pretences.

The magistrate had no jurisdiction to deal with one of the charges of house-breaking, which is the subject of count 11 as it involved property apparently of a value over $500. Mr. Vasta, who appears for the Crown, has asked for leave to amend the notice of appeal by deleting any reference to this charge. In the circumstances we think that the notice of appeal should be amended.

On counts 1 to 8 the respondent was arrested on 21 February. Two offences were committed by him on 11 April and the remaining offence was committed on 4 May. The last three offences would therefore seem to have been committed by the respondent while he was on bail.

The magistrate sentenced him to pay a total of $1,100 in fines and ordered that he make restitution in the sum of $1,051.20, and he was given 12 months in which to pay the fines and costs and make restitution.

The respondent is 20 years of age. He has five previous convictions for similar offences and on two previous occasions he has been, admitted to probation. Other persons were involved in the eight offences of breaking and entering, some being children. It appears that the respondent is a drug addict and that the offences were committed in order to support his drug addiction. He became addicted to drags in 1977. He is still on a methadone dosage and has been residing with his mother at Boonah. We are told that he has severed his association with his former associates.

The magistrate fined him a sum which it is clear he has no hope of paying himself.

We think that the sentences imposed by the magistrate in this case were entirely inappropriate. It is our opinion that the sentences should be set aside and a sentence imposed on each charge of two years' imprisonment, with a recommendation to the prison authorities that he be continued on the treatment recommended by the Drug Dependence Unit.

Order that a warrant issue for the arrest of the respondent and that his sentence commence from the time of the arrest.

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Editorial Notes

  • Published Case Name:

    The Queen v Jeffrey John Ferris

  • Shortened Case Name:

    R v Ferris

  • MNC:

    [1979] CCA 81

  • Court:

    QCCA

  • Judge(s):

    D M Campbell J, Hoare J, Kneipp J

  • Date:

    15 Oct 1979

Litigation History

No Litigation History

Appeal Status

No Status