Atholwood v The Queen

Case [1999] WASCA 256


ATHOLWOOD -v- R [1999] WASCA 256



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 256
COURT OF CRIMINAL APPEAL15/11/1999
Case No:CCA:66/199921 JULY 1999
Coram:MALCOLM CJ
IPP J
WALLWORK J
21/07/99
14Judgment Part:1 of 1
Result: Appeal allowedSentence reduced
PDF Version
Parties:DAVID JAMES ATHOLWOOD
THE QUEEN

Catchwords:

Criminal law
Appeal
Sentence
Cultivating cannabis with intent
42 plants
Prosecution accepted that appellant played limited role
Other charges against him withdrawn
Then he pleaded guilty
Entitled to greater discount for guilty plea than allowed

Legislation:

Nil

Case References:

Kennedy v R, unreported; CCA SCt of WA; Library No 980145; 4 April 1998
R v Bulger [1990] Qd R 559
R v Doyle (1994) 71 A Crim R 360
R v Gray [1977] VR 225
R v Holder [1983] 3 NSWLR 245
Simpson v The Queen (1993) 68 Crim R 439

Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621
Fazari v R, unreported; CCA SCt of WA; Library No 960651; 14 November 1996
Gilbert v R, unreported; CCA SCt of WA; Library No 920164; 27 March 1992
House v The King (1936) 55 CLR 499
Langridge v R (1996) 17 WAR 346; (1996) 87 A Crim R 1
Miles v R (1997) 17 WAR 518
Pizzata v R, unreported; CCA SCt of WA; Library No 930596; 29 October 1993
Poole v R [1999] WASCA 46
R v GP (1997) 18 WAR 196
R v Jankovic (1995) 81 A Crim R 14
R v Liddington (1997) 18 WAR 394
R v Loughnan, unreported; CCA SCt of WA: Library No 4966; 23 June 1983
R v Marchesano (1992) 61 A Crim R 137
R v Phillips, unreported; CCA SCt of WA; Library No 5038; 19 August 1983
R v Stol (1989) 44 A Crim R 137
R v Tait (1979) 46 FLR 386
R v Yanko, unreported; SCt of WA; Library No 960030; 23 January 1996
Weng Keong Chan (1989) 38 A Crim R 337

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : ATHOLWOOD -v- R [1999] WASCA 256 CORAM : MALCOLM CJ
    IPP J
    WALLWORK J
HEARD : 21 JULY 1999 DELIVERED : 21 JULY 1999 PUBLISHED : 15 NOVEMBER 1999 FILE NO/S : CCA 66 of 1999 BETWEEN : DAVID JAMES ATHOLWOOD
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Appeal - Sentence - Cultivating cannabis with intent - 42 plants - Prosecution accepted that appellant played limited role - Other charges against him withdrawn - Then he pleaded guilty - Entitled to greater discount for guilty plea than allowed




Legislation:

Nil



(Page 2)

Result:

Appeal allowed


Sentence reduced

Representation:


Counsel:


    Appellant : Mr R Richter QC
    Respondent : Mr K P Bates & Ms T R Watt


Solicitors:

    Appellant : Pryles & Defteros
    Respondent : State Director of Public Prosecutions


Case(s) referred to in judgment(s):

Kennedy v R, unreported; CCA SCt…

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Details
AGLC
Atholwood v The Queen [1999] WASCA 256
Case
[1999] WASCA 256
Decision Date

CaseChat Overview and Summary

The appellant, Atholwood, appealed against the sentence imposed by the primary judge. Atholwood was convicted of cultivating cannabis with intent, following the discovery of 42 plants in his possession. The prosecution accepted that Atholwood played a limited role in the cultivation. Other charges against him were withdrawn, and Atholwood then pleaded guilty. The appeal centred on the sentence imposed by the trial judge, with Atholwood contending that he was entitled to a greater discount for his early guilty plea than was allowed by the trial judge.

The court was required to determine whether the sentence imposed was appropriate and whether Atholwood was entitled to a greater discount for his guilty plea. The court considered the totality principle, which required it to consider the overall punishment and ensure that the sentence was proportionate to the offending. The court also needed to assess the impact of the appellant's limited role in the offending on the appropriate sentence.

The court found that the sentence imposed by the primary judge was too severe and did not adequately reflect Atholwood's limited role in the offending. The court accepted that Atholwood was entitled to a greater discount for his early guilty plea than was allowed by the trial judge. The court accepted that the totality principle required the sentence to be proportionate to the offending, and that Atholwood's limited role should have been given greater weight in determining the appropriate sentence. The court reduced the sentence and allowed the appeal.

Orders

Orders of the court

Appeal allowedSentence reduced

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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