Campbell v Beatts [2006] QDC 336

[2006] QDC 336 DISTRICT COURT APPELLATE JURISDICTION JUDGE MCLAUCHLAN QC Appeal No 101 of 2006 HUGH CAMPBELL Appellant and SNR CONST A M BEATTS Respondent CAIRNS ..DATE 14/08/2006 JUDGMENT -- 1 of 3 -- 14082006 D.1 T2/GRB M/T CNS1/2006 (McLauchlan DCJ) 2 JUDGMENT 1 10 20 30 40 50 60 HIS HONOUR: The appellant was convicted on the 21st of February 2006 of three drug offences, having been committed between April and June 2005, and the learned Magistrate imposed an overall sentence of six months in respect of those offences. The commission of those offences also constituted a breach of a suspended sentence which had been imposed on the 15th of December 2003 also in respect to drug offences, and quite serious drug offences. The sentence was for imprisonment for a period of two months suspended for a period of 18 months. Apparently the operational period was subsequently extended, but in all events, it is clear that the offences - the sentence for which is presently under appeal - occurred very much towards the end - almost at the end of that operational period. The Magistrate nevertheless activated the whole of the sentence. In view of the appellant's criminal history, I think it is impossible to say that the six month term of imprisonment for the offences committed in 2005 is manifestly excessive and, in my opinion, that period cannot be interfered with. However, I think that in all the circumstances it was outside the range of a sound sentencing discretion to not only activate the whole of the suspended sentence, but to order that to be served cumulatively. -- 2 of 3 -- 14082006 D.1 T2/GRB M/T CNS1/2006 (McLauchlan DCJ) 3 JUDGMENT 1 10 20 30 40 50 60 Consequently, the decision below is set aside to the extent that the suspended sentence was ordered to be served cumulatively and the sentence will be instead that the two months activated sentence is to be served concurrently with the six month sentence imposed. ----- -- 3 of 3 --