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R v Taylor[2005] QCA 379
R v Taylor[2005] QCA 379
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | SC No 528 of 2005 |
Court of Appeal | |
PROCEEDING: | Sentence Application |
ORIGINATING COURT: | |
DELIVERED ON: | 14 October 2005 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 3 October 2005 |
JUDGES: | McMurdo P, Jerrard JA and Douglas J Separate reasons for judgment of each member of the Court, each concurring as to the order made |
ORDER: | Application for leave to appeal against sentence dismissed |
CATCHWORDS: | CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – applicant convicted on his own pleas of guilty to drug trafficking and various other drug-related offences – for drug trafficking the applicant was sentenced to five years imprisonment suspended after two years for an operational period of five years – concurrent sentences of up to two years imprisonment imposed on the other offences – applicant trafficked speed and ecstasy for a three month period – applicant made confession of trafficking to police when searched – applicant was not a drug user – applicant’s counsel conceded that the five year sentence was within range – whether suspending the sentence after two years was manifestly excessive R v Bellino [1999] QCA 106; (1999) 105 A Crim R 137, considered R v McMahon [2003] QCA 369; CA No 199 of 2003, 27 August 2003, considered R v Rizk [2004] QCA 382; CA No 224 of 2004, 15 October 2004, considered R v Christopher Taylor, unreported, Supreme Court of Queensland, de Jersey CJ, 1 March 2005, considered |
COUNSEL: | M J Byrne QC for the applicant M J Copley for the respondent |
SOLICITORS: | Ryan & Bosscher for the applicant Director of Public Prosecutions (Queensland) for the respondent |