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Sentenced to 6 years’ imprisonment with parole eligibility after 2 years for drug trafficking with serious organised crime circumstance of aggravation; sentencing judge stated indicative sentence of 16 years’ imprisonment, including mandatory component of 7 years (Penalties and Sentences Act 1992 (Qld) s 161R (‘PSA’)), which was reduced on account of offender’s promised cooperation (PSA s 161S); offender had also provided significant cooperation at time of sentence (Henry J).
Appeal Determined (QCA)
[2021] QCA 38 (2021) 7 QR 414; (2021) 288 A Crim R 114
05 Mar 2021
Application for leave to appeal against sentence granted, appeal allowed; in fixing indicative sentence, sentencing judge did not err in including mandatory component according to PSA s 161R, as PSA s 161S does not wholly displace operation of that section, but his Honour did err in failing to allow for past cooperation; indicative sentence varied to 13 years’ imprisonment, comprising base component of 6 years and mandatory component of 7 years: McMurdo JA (Sofronoff P and Boddice J agreeing).
Appeal Status
Appeal Determined (QCA)
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