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Sentenced to 9y with default parole eligibility for 1 count of drug trafficking; offending involved sophisticated, high street to wholesale trafficking in sch 1 and 1A drugs over 1y period not voluntarily ceased; mature offender, guilty plea, remorse, some criminal history, subsequent good character, delay, rehabilitative efforts, related (not causative) mental health issues; prospective 10+y term after trial moderated; defence counsel conceded appropriateness of sentence imposed (Martin J).
Appeal Determined (QCA)
[2022] QCA 57 (2022) 10 QR 451
22 Apr 2022
Application for leave to appeal against sentence on ground of manifest excess refused; authorities supported starting point of 10+y had offender gone to trial, which starting point was appropriately moderated for mitigating factors; defence counsel’s concession at first instance irrelevant to question of manifest excess on appeal (in obiter, a prosecutor’s submission as to appropriate sentence might matter in an Attorney’s appeal): Fraser JA, McMurdo JA, Williams J.
Appeal Status
Appeal Determined (QCA)
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