R v Kopjar

[2021] QCA 219

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession of dangerous drugs for personal use
5. › Whether sentence of 18 months' imprisonment manifestly excessive
6. › Whether mitigating factors adequately taken into account
7. › Drugs Misuse Act 1986 (Qld)
1. Criminal Law
2. › Sentencing
3. › Mitigating factors
4. › Possibility of deportation
5. › Whether speculative possibility of visa cancellation can be taken into account
6. › Migration Act 1958 (Cth), ss 501(2), 501(3)
1. Criminal Law
2. › Sentencing
3. › Type of sentence
4. › Parole versus suspended sentence
5. › Whether sentencing judge erred in preferring parole over suspension for drug possession offences

Quick Take

A sentence of 18 months' imprisonment with immediate release on parole is within range for a 30-year-old first offender possessing multiple types of dangerous drugs (including over 3 grams of MDMA) for personal use. The mere possibility of visa cancellation under s 501 of the Migration Act 1958 (Cth), absent evidence of how the Minister would exercise the discretion, is too speculative to be taken into account as a mitigating factor in sentencing.