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Pre-trial application for permanent stay of prosecution of serious organised crime circumstance of aggravation, alleged in respect of count of drug trafficking, on ground that prosecution destined to fail; application upheld and prosecution stayed; evidence incapable of sustaining inference that accused was a participant in a criminal organisation within meaning of Penalties and Sentences Act 1992 (Qld) s 161P(1)(f): Henry J.
Primary Judgment
[2020] QSCSR 50
12 Feb 2020
10y sentence (SVO declaration) for drug trafficking, shorter concurrent terms for other offending (inc further trafficking), and cumulative 6m for contravening device access order; sophisticated trafficking in 3 drugs, mainly cocaine, for 22m, escalating to wholesale level, and trafficking in testosterone for partly concurrent period at street level; 28-30yo, no relevant history, timely pleas, rehabilitation, including as to cocaine use; circumstances of cocaine trafficking disputed (Henry J).
Appeal Determined (QCA)
[2021] QCA 286
17 Dec 2021
Leave to appeal sentence granted, sentencing judge erred in failing to record both standard of proof and consideration of competing inferences in respect of circumstances of cocaine trafficking; appeal dismissed, findings that offender trafficked at street level for half of period and at wholesale level in increasing amounts for balance and substantial majority of cocaine obtained on-sold at significant profit, 10y sentence appropriate: Boddice J (McMurdo JA and Daubney J agreeing).
Appeal Status
Appeal Determined (QCA)
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