R v Lynch

[1999] QCA 274

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Concurrent and cumulative sentences
4. › Trafficking in dangerous drugs and related property offences committed at about the same time
5. › Whether total sentence manifestly excessive
6. › Totality principle
1. Criminal Law
2. › Sentence
3. › Suspended sentences
4. › Activation of suspended sentence
5. › Whether activated suspended sentence must be served cumulatively or concurrently with other sentences imposed at same hearing
6. › Penalties and Sentences Act 1992 (Qld), s 148(b)
1. Criminal Law
2. › Sentence
3. › Drug offences
4. › Trafficking in methylamphetamine
5. › Appropriate sentencing range
6. › Relevance of drug addiction and prospect of rehabilitation

Quick Take

A total effective sentence of four and a half years imprisonment (with parole after one and a half years) was appropriate for trafficking in methylamphetamine involving six sales totalling 4.153 grams to an undercover officer, combined with eight receiving offences, three unlawful possession of motor vehicle offences, and other related offences, where the offender had a substantial but dated criminal record and was attempting to overcome drug addiction. The construction of s 148(b) of the Penalties and Sentences Act 1992 regarding the sequence of events at a single sentencing hearing was left as an open question.