Barany v The Queen

Case [2000] WASCA 240


BARANY -v- THE QUEEN [2000] WASCA 240



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 240
COURT OF CRIMINAL APPEAL
Case No:CCA:47/20008 JUNE 2000
Coram:KENNEDY ACJ
WALLWORK J
PARKER J
31/08/00
11Judgment Part:1 of 1
Result: Leave to appeal refused
PDF Version
Parties:CATHERINE JEANNE CAROLINE BARANY
THE QUEEN

Catchwords:

Criminal law
Sentencing
Appeal
Importation of 'ecstasy' (MDMA)
Discount for assistance to investigating authorities
Effectiveness of assistance to authorities relevant

Legislation:

Nil

Case References:

Malvaso v R (1989) 168 CLR 227
R v Cartwright (1989) 17 NSWLR 243
R v Dinic (1997) 149 ALR 488
R v Gallagher (1991) 23 NSWLR 220
R v Nagy [1992] 1 VR 637

Hayes v R (1981) WAR 252
Heryadi v The Queen (1998)19 WAR 383
La Rosa v R, unreported; CCA SCt of WA; Library No 960628; 31 October 1996
Lim v The Queen, unreported; CCA SCt of WA; Library No 970482; 26 September 1997
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
R v Duffy (1996) 85 A Crim R 456
R v Ferrer-Esis (1991) 55 A Crim R 231
R v Foster & D'Anna (1992) 59 A Crim R 14
R v Oancea (1990) 51 A Crim R 141
R v Tait & Bartley (1979) 24 ALR 473

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : BARANY -v- THE QUEEN [2000] WASCA 240 CORAM : KENNEDY ACJ
    WALLWORK J
    PARKER J
HEARD : 8 JUNE 2000 DELIVERED : 31 AUGUST 2000 FILE NO/S : CCA 47 of 2000 BETWEEN : CATHERINE JEANNE CAROLINE BARANY
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentencing - Appeal - Importation of 'ecstasy' (MDMA) - Discount for assistance to investigating authorities - Effectiveness of assistance to authorities relevant




Legislation:

Nil




Result:

Leave to appeal refused




(Page 2)

Representation:


Counsel:


    Applicant : Mr M L Tudori
    Respondent : Mr H G Dembo & Ms N L Cave


Solicitors:

    Applicant : Michael Tudori
    Respondent : Commonwealth Director of Public Prosecutions


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

Malvaso v R (1989) 168 CLR 227
R v Cartwright (1989) 17 NSWLR 243
R v Dinic (1997) 149 ALR 488
R v Gallagher (1991) 23 NSWLR 220
R v Nagy [1992] 1 VR 637

Case(s) also cited:



Hayes v R (1981) WAR 252
Heryadi v The Queen (1998)19 WAR 383
La Rosa v R, unreported; CCA SCt of WA; Library No 960628; 31 October 1996
Lim v The Queen, unreported; CCA SCt of WA; Library No 970482; 26 September 1997
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
R v Duffy (1996) 85 A Crim R 456
R v Ferrer-Esis (1991) 55 A Crim R 231
R v Foster & D'Anna (1992) 59 A Crim R 14
R v Oancea (1990) 51 A Crim R 141
R v…

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Details
AGLC
Barany v The Queen [2000] WASCA 240
Case
[2000] WASCA 240
Decision Date

CaseChat Overview and Summary

In the matter of Barany v The Queen, the defendant, Barany, appealed against his sentence for the importation of ecstasy (MDMA) into Australia. The appeal was heard in the High Court of Australia. Barany argued that the trial judge had erred in not applying a discount to his sentence on the basis of his assistance to the investigating authorities.

The primary issue before the court was whether the trial judge was correct in law in not applying a discount to the defendant's sentence for his assistance to the authorities. The court had to determine the effectiveness of the defendant's assistance in order to determine if it warranted a discount. The court also had to consider whether the trial judge was correct in concluding that the assistance was not significant enough to warrant a discount.

The court held that the trial judge was correct in not applying a discount to the defendant's sentence. The court found that the defendant's assistance to the authorities was not significant enough to warrant a discount. The court found that the defendant had not provided any significant information that assisted the authorities in apprehending other offenders or in preventing the importation of drugs into Australia. The court held that the effectiveness of the defendant's assistance was relevant to the determination of whether a discount should be applied. The court held that the trial judge was not incorrect in concluding that the defendant's assistance was not significant enough to warrant a discount.

The court refused leave to appeal against the sentence. The defendant's appeal against his sentence was dismissed.

Orders

Orders of the court

Leave to appeal refused

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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