In the recent Court of Appeal case R v BEM [2024] QCA 175, the applicant sought to appeal against a sentence imposed for trafficking in methylamphetamine and related offenses. The applicant was serving a suspended sentence during the time of offending, linked to her father's drug operation. Despite acknowledging her challenging upbringing, marked by domestic violence from her father and partner, and the subsequent psychological impact, the court asserted that the sentence was appropriate. The sentencing judge considered the amendments to the Penalties and Sentences Act 1992 (Qld), which mandate that effects of domestic violence be treated as mitigating factors, but concluded there were no exceptional circumstances to significantly alter the penalty. Ultimately, the court refused the application for leave to appeal the sentence, maintaining the original sentence of five years and six months with parole eligibility included.
Full text: https://www.sclqld.org.au/caselaw/149021