R v Morrison [2020] QCA 187

Date: 4 September 2020
Court: Queensland Court of Appeal
Judicial Officer: Sofronoff P and Philippides JA and Davis J
Human Rights Act 2019 (Qld) Sections: s 29
Rights Considered: Right to liberty and security of person
Other Legislation: Criminal Code (Qld) s 433; Customs Act 1901 (Cth); Drugs Misuse Act 1986 (Qld), ss 5, 6, 9; Penalties and Sentences Act 1992 (Qld) s 91; Weapons Act 1990 (Qld), ss 5, 50, 50B, sch 2
Keywords: Criminal Law and Corrective Services, Sentencing

The self-represented applicant sought leave to appeal against sentences imposed upon him by the District Court on the ground that his sentence was manifestly excessive. The applicant raised the right to liberty and security of person contained in section 29 of the Human Rights Act 2019 (Qld). The court found that the Human Rights Act 2019 (Qld) had no relevance to the appeal in this case.

In this case, the self-represented applicant sought leave to appeal against sentences imposed upon him by the District Court in relation to three indictments and 25 summary charges. These convictions related to the supply of cannabis, unlawful possession of weapons, and receiving stolen property and importing goods contrary to the Customs Act 1901 (Cth). In total, the applicant received a head sentence of eight years imprisonment for all offences, with eligibility for parole after four years.

The applicant’s only ground of appeal was that this sentence was manifestly excessive. Amongst other submissions, the applicant stated that the Human Rights Act 2019 (Qld) ‘ought to be taken into account on the appeal’: at [42]. In particular, the applicant raised section 29, being the right to liberty and security of person. In relation to the application of section 29 the court noted ‘[m]any of the provisions of the Human Rights Act apply to the exercise of executive power. Few apply to the exercise of judicial power, although s 29 is one that does’: at [75]. The court also noted that section 29(3) ‘recognises the lawful imposition of orders which restrict the right to liberty and security otherwise guaranteed’ by section 29(1), and that here, the applicant’s liberty had been deprived ‘pursuant to a criminal process’: at [78]-[79]. The court found, however, that the Human Rights Act 2019 (Qld) had ‘no relevance to the appeal’ in this case..

The Court refused the application for leave to appeal the sentences and found that the sentences imposed were not manifestly excessive.

Visit the judgement: R v Morrison [2020] QCA 187