In Reeks v Commissioner of Police [2024] QDC 110, the District Court of Queensland considered an appeal by Ashley Stewart Reeks regarding his sentence for unlawful possession of cannabis. Reeks was previously sentenced to two months' imprisonment by the Magistrates Court at Ipswich and was immediately eligible for parole. Reeks sought an extension of time to appeal this sentence, arguing that it was manifestly excessive.
Judge Allen KC DCJ noted that Reeks had a significant criminal history with numerous drug-related convictions and was on parole at the time of the offence. The quantum of cannabis found was 3.7 grams. Reeks highlighted his disadvantaged upbringing and the minor nature of the offence. Despite these submissions, the court found no specific errors in the Magistrate's decision and concluded that the sentence was proportionate and considerate of all circumstances, including Reeks’s eligibility for parole.
Ultimately, the District Court ruled that the sentence was not manifestly excessive and the appeal lacked merit. Given that Reeks had already served the full two-month sentence, the application for an extension of time to appeal was refused.