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R v Freeman [2019] QCA 150

leave to appeal against sentence — attempting to possess a marketable quantity of a border controlled drug, and failing to comply with an order to assist access offence — original sentence imposed 4 years’ and 6 months imprisonment with a 2 year and 6 month non-parole period — offences relate to 383.6 grams of 3, 4-methylenedioxyethcathinone — hardship manifest excess — loss of offender’s contribution to a home-based family business and its financial consequences to the family are not dissimilar to the financial consequences which would be suffered by an inability to undertake part-time or full-time employment as a result of imprisonment — offender’s wife’s poor state of health and her inability to carry on the baking business on her own without offender’s assistance with heavy lifting and transportation — hardship to offender and wife was taken into account by sentencing judge and sentence imposed was not manifestly excessive because insufficient weight was attached to the matter — even if additional evidence admitted, not manifestly excessive — guilty plea — s 16A(2)(g) — delay — delay of 3 years provided offender with benefit of being at liberty — during that time, no indication prepared to plead guilty — matter set for trial on number of occasions — guilty pleas came very late and compelled by strength of prosecution case — sentence — leave to appeal against sentence denied
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