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Code s 590AA application concerning VLAD circumstance of aggravation charged against accused involved in cannabis production and trafficking; ruling that accused not vicious lawless associates: Lyons J.
Primary Judgment
SC1762/17 (No citation)
27 Nov 2017
Date of sentence; sentenced to 3y imprisonment wholly suspended for 3y with 12d PSC declared for money laundering; assisted sophisticated cannabis production and trafficking business by creating 45 false invoices totalling $650,000 over 2.5y with knowledge of involvement in criminality; 24-26yo, timely plea, remorse, no criminal history, otherwise good character, PSC served under VLAD regime and involved separation from 8wo baby, mental health issues, delay, 3 young children (Lyons SJA).
Appeal Determined (QCA)
[2018] QCA 201 [2019] 2 Qd R 213; (2018) 273 A Crim R 572
31 Aug 2018
A-G’s appeal allowed, sentence varied; manifest inadequacy; balancing impact of sentence on children, which, considering availability of appropriate care by family member and their general wellbeing, was not exceptional, against circumstances of offence, hardship to children overwhelmed otherwise appropriate punishment; notwithstanding mental health and that offender at liberty, residual discretion not exercised; sentence suspended after 5m: Morrison JA (Fraser and Philippides JJA agreeing).
Appeal Status
Appeal Determined (QCA)
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