Angeleski v The Queen

Case [2003] WASCA 209


ANGELESKI -v- THE QUEEN [2003] WASCA 209



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 209
COURT OF CRIMINAL APPEAL
Case No:CCA:210/20025 AUGUST 2003
Coram:ANDERSON J
STEYTLER J
MILLER J
5/09/03
17Judgment Part:1 of 1
Result: Leave to appeal granted, Appeal allowed, Sentence of 12 years' imprisonment reduced to 9 years' imprisonment with , eligibility for parole
D
PDF Version
Parties:PECO ANGELESKI
THE QUEEN

Catchwords:

Criminal law and procedure
Appeal against sentence
Three counts of possession of methylamphetamine with intent to sell or supply
One count of supplying methylamphetamine to another
Whether irrelevant matters taken into consideration
Whether sentence manifestly excessive
Whether sentencing Judge erred in not considering matters personal to applicant and plea of guilty
Parity principle
Total sentence reduced from 12 years' imprisonment to 9 years' imprisonment
Turns on own facts

Legislation:

Drug Misuse and Trafficking Act 1985 (NSW), s 25, s 33
Misuse of Drugs Act 1985 (WA), s 6(1), s 7(1)

Case References:

Dodd v The Queen [2002] WASCA 55
Goddard v The Queen (1999) 21 WAR 541
Kirby v The Queen [2003] WASCA 164
Lowe v The Queen (1984) 154 CLR 606
Marker v The Queen [2002] WASCA 282
Miller v The Queen [1999] WASCA 66
Postiglione v The Queen (1997) 189 CLR 295
R v Bellissimo (1996) 84 A Crim R 465
R v Benais [1999] NSWCCA 236
R v Bimahendali (1999) 109 A Crim R 355
R v Bushell, unreported; NSWCCA; 7 August 1998
R v Capper [2000] NSWCCA 63
R v Darwell (1997) 94 A Crim R 35
R v Dinic (1997) 149 ALR 488
R v Dizel, unreported; NSWCCA; 23 August 1996
R v Durant [2002] NSWCCA 295
R v Hafner [2002] WASCA 211
R v Ma (2001) 125 A Crim R 349
R v Nai Poon [2003] NSWCCA 42
R v Reppucci (1994) 74 A Crim R 353
R v Schmakowski [2001] NSWCCA 395
R v Schofield [2003] NSWCCA 3
R v Spillane [1999] NSWCCA 280
R v Tiddy [1969] SASR 575
R v Wilson (2000) 116 A Crim R 90
Wong v The Queen (2001) 207 CLR 584

Abela v The Queen [2002] WASCA 279
Aconi v The Queen [2001] WASCA 211
Cabassi v The Queen [2000] WASCA 305
Cameron v The Queen [2000] WASCA 286
Fazari v The Queen, unreported; CCA SCt of WA; Library No 960651A; 14 November 1996
Kezkiropoulos v The Queen [2002] WASCA 352
Leonard v The Queen, unreported; CCA SCt of WA; Library No 990152; 29 March 1999
Moulds v The Queen, unreported; CCA SCt of WA; Library No 980147; 4 March 1998
Quach v The Queen [1999] WASCA 210
R v Atholwood (2000) 110 A Crim R 417
R v Brindley (1993) 66 A Crim R 204
R v Krakouer (1999) 107 A Crim R 408
R v Nevermann (1989) 43 A Crim R 347
R v Ritter [2000] VSCA 135
R v Tien & Ors [1998] VSCA…

Continue reading Angeleski v The Queen

Sign in free to access the full text

Details
AGLC
Angeleski v The Queen [2003] WASCA 209
Case
[2003] WASCA 209
Decision Date

CaseChat Overview and Summary

The matter of Angeleski v The Queen concerned an appeal against sentence by the applicant, who was convicted on three counts of possessing methylamphetamine with intent to sell or supply and one count of supplying methylamphetamine to another. The appeal was heard by the Court of Appeal, which had jurisdiction to review the sentence imposed by the primary judge. The applicant argued that the sentence was manifestly excessive, that irrelevant matters were taken into account, and that the sentencing judge failed to consider personal matters and the applicant's plea of guilty. The applicant also raised issues concerning the parity principle.

The central legal issues before the Court of Appeal were whether the sentence imposed by the primary judge was manifestly excessive, whether irrelevant matters were taken into account in determining the sentence, and whether the sentencing judge erred in not considering matters personal to the applicant and the plea of guilty. The Court of Appeal also considered whether the sentence imposed was in accordance with the parity principle.

In delivering the judgment, the Court of Appeal held that the sentence imposed by the primary judge was manifestly excessive and reduced the sentence from 12 years' imprisonment to 9 years' imprisonment with eligibility for parole. The Court of Appeal found that irrelevant matters were taken into account by the sentencing judge in determining the sentence, and that the sentencing judge erred in not considering matters personal to the applicant and the plea of guilty. The Court of Appeal also held that the sentence imposed was not in accordance with the parity principle. As a result, the appeal was allowed and the sentence was reduced from 12 years' imprisonment to 9 years' imprisonment with eligibility for parole.

Orders

Orders of the court

Leave to appeal granted, Appeal allowed, Sentence of 12 years' imprisonment reduced to 9 years' imprisonment with , eligibility for parole

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.