Aconi v The Queen

Case [2001] WASCA 211


ACONI -v- THE QUEEN [2001] WASCA 211



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 211
COURT OF CRIMINAL APPEAL
Case No:CCA:42/200111 JUNE 2001
Coram:KENNEDY J
STEYTLER J
MILLER J
25/07/01
9Judgment 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
HEARD : 11 JUNE 2001 DELIVERED : 25 JULY 2001 FILE NO/S : CCA 42 of 2001 BETWEEN : STELIAN ACONI
    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.

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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