ACONI -v- THE QUEEN [2001] WASCA 211
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 211 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:42/2001 | 11 JUNE 2001 | |
| Coram: | KENNEDY J STEYTLER J MILLER J | 25/07/01 | |
| 9 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal against sentences granted Appeal allowed Effective sentence of imprisonment reduced to 13 years | ||
| PDF Version |
| Parties: | STELIAN ACONI THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing Two counts of possession of heroin with intent to sell or supply it to another 112.5 grams of 43 per cent purity and 480.2 grams of 57 per cent purity Important role in distribution chain Whether sentence of 15 years excessive Sentence reduced to 13 years |
Legislation: | Misuse of Drugs Act 1981, s 6(1)(a) |
Case References: | Pop v The Queen [2000] WASCA 283 Quach v The Queen [1999] WASCA 210 R v Olbrich (1999) 199 CLR 270 R v Wong (1999) 48 NSWLR 340 S v The Queen [2000] WASCA 34 Serrette v The Queen [2000] WASCA 405 Lowndes v The Queen (1999) 194 CLR 665 Miles v The Queen (1997) 17 WAR 518 R v Dao, unreported; CCA SCt of WA; Library No 980619; 29 October 1998 R v Ruich [2000] WASCA 84 Siganto v R (1998) 194 CLR 656 Watson v The Queen [2000] WASCA 119 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : ACONI -v- THE QUEEN [2001] WASCA 211 CORAM : KENNEDY J
- STEYTLER J
MILLER J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Two counts of possession of heroin with intent to sell or supply it to another - 112.5 grams of 43 per cent purity and 480.2 grams of 57 per cent purity - Important role in distribution chain - Whether sentence of 15 years excessive - Sentence reduced to 13 years
Legislation:
Misuse of Drugs Act 1981, s 6(1)(a)
(Page 2)
Result:
Leave to appeal against sentences granted
Appeal allowed
Effective sentence of imprisonment reduced to 13 years
Representation:
Counsel:
Applicant : Mr S D Hall
Respondent : Mr D Dempster
Solicitors:
Applicant : Michael Tudori
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Pop v The Queen [2000] WASCA 283
Quach v The Queen [1999] WASCA 210
R v Olbrich (1999) 199 CLR 270
R v Wong (1999) 48 NSWLR 340
S v The Queen [2000] WASCA 34
Serrette v The Queen [2000] WASCA 405
Case(s) also cited:
Lowndes v The Queen (1999) 194 CLR 665
Miles v The Queen (1997) 17 WAR 518
R v Dao, unreported; CCA SCt of WA; Library No 980619; 29 October 1998
R v Ruich [2000] WASCA 84
Siganto v R (1998) 194 CLR 656
Watson v The Queen [2000] WASCA 119
(Page 3)
1 KENNEDY J
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Details
- AGLC
- Aconi v The Queen [2001] WASCA 211
- Case
- [2001] WASCA 211
- Decision Date
CaseChat Overview and Summary
In the High Court, Aconi was found guilty on two counts of possessing heroin with intent to sell or supply it to another. The drugs seized were 112.5 grams of 43 per cent purity and 480.2 grams of 57 per cent purity. Aconi played an important role in the distribution chain. The court was tasked with determining whether the sentence of 15 years was excessive in light of Aconi's role and other relevant factors.
The legal issues before the court included the severity of the sentence in relation to the crime committed and Aconi's role in the distribution chain. The defence argued that the sentence was disproportionate, while the prosecution maintained that the sentence was justified given the circumstances. The court had to balance the principles of deterrence, retribution, and rehabilitation in its consideration of the appeal.
The court found that the sentence was indeed excessive. It noted that while Aconi's role was significant, it was not the highest in the distribution chain. The court also considered the need for deterrence and the potential for rehabilitation. After weighing these factors, the court decided to reduce the effective sentence of imprisonment to 13 years. The leave to appeal against the sentences was granted, and the appeal was allowed.
The legal issues before the court included the severity of the sentence in relation to the crime committed and Aconi's role in the distribution chain. The defence argued that the sentence was disproportionate, while the prosecution maintained that the sentence was justified given the circumstances. The court had to balance the principles of deterrence, retribution, and rehabilitation in its consideration of the appeal.
The court found that the sentence was indeed excessive. It noted that while Aconi's role was significant, it was not the highest in the distribution chain. The court also considered the need for deterrence and the potential for rehabilitation. After weighing these factors, the court decided to reduce the effective sentence of imprisonment to 13 years. The leave to appeal against the sentences was granted, and the appeal was allowed.
Orders
Orders of the court
Leave to appeal against sentences granted
Appeal allowed
Effective sentence of imprisonment reduced to 13 years
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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