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Queensland Judgments

[Full-text PDF] R v Smith [2005] QCA 398 (05/0214) Brisb McMurdo P Williams JA Muir J 28/10/2005 (delivered ex tempore)

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AFTER CONVICTION – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – DISPARITY – CO-OFFENDERS – appellant pleaded guilty to possession of cannabis in excess of 500 grams – where sentenced to four years imprisonment wholly suspended with an operational period of five years and 80 hours community service – where co-offender had more serious role in offence and a more substantial criminal history and received lesser sentence – whether parity principle requires appellant to receive a lesser sentence than co-offender – whether sentencing judge intended to impose the sentence he did – whether sentence manifestly excessive