BRITTAIN -v- THE QUEEN [2001] WASCA 117
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 117 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:248/2000 | 23 MARCH 2001 | |
| Coram: | KENNEDY J WALLWORK J GROVE AJ | 12/04/01 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Two sentences reduced from 7 years imprisonment to 3 years imprisonment concurrent | ||
| PDF Version |
| Parties: | PETER ANDREW BRITTAIN THE QUEEN |
Catchwords: | Criminal law Sentencing Possession of cocaine and ecstasy with intent to sell or supply Offender intended to sell portion of the drugs to finance his own use Portion of the drugs for his own use Offender now drug free Whether suspended term of imprisonment appropriate |
Legislation: | Misuse of Drugs Act 1981, s 11 |
Case References: | Corrigan v The Queen, unreported; CCA SCt of WA; Library No 980700; 7 December 1998 Darwell v The Queen (1997) 94 A Crim R 35 Dinsdale v The Queen (2000) 175 ALR 315 Latham v The Queen, [2000] WASCA 338 Loh v The Queen, unreported; CCA SCt of WA; Library No 940508; 16 September 1994 R v Bellissimo (1996) 84 A Crim R 464 R v Dao, unreported; CCA SCt of WA; Library No 980619; 29 October 1998 R v Duncan (1983) 47 ALR 746 R v Weston [2000] WASCA 389 The Queen v Ruich [2000] WASCA 84 Collins v The Queen (1993) 67 A Crim R 104 Crutch v The Queen [1999] WASCA 187 Giannopoulos v The Queen [2000] WASCA 396 Lowndes v The Queen (1999) 195 CLR 665 R v Olbrich (1999) 166 ALR 330 Wagenaar v The Queen [2000] WASCA 325 Watson v The Queen [2000] WASCA 119 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : BRITTAIN -v- THE QUEEN [2001] WASCA 117 CORAM : KENNEDY J
- WALLWORK J
GROVE AJ
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law - Sentencing - Possession of cocaine and ecstasy with intent to sell or supply - Offender intended to sell portion of the drugs to finance his own use - Portion of the drugs for his own use - Offender now drug free - Whether suspended term of imprisonment appropriate
Legislation:
Misuse of Drugs Act 1981, s 11
(Page 2)
Result:
Two sentences reduced from 7 years imprisonment to 3 years imprisonment concurrent
Representation:
Counsel:
Applicant : Mr D Grace QC
Respondent : Mr K P Bates
Solicitors:
Applicant : Williams Ellison
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Corrigan v The Queen, unreported; CCA SCt of WA; Library No 980700; 7 December 1998
Darwell v The Queen (1997) 94 A Crim R 35
Dinsdale v The Queen (2000) 175 ALR 315
Latham v The Queen, [2000] WASCA 338
Loh v The Queen, unreported; CCA SCt of WA; Library No 940508; 16 September 1994
R v Bellissimo…
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- Brittain v The Queen [2001] WASCA 117
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- [2001] WASCA 117
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CaseChat Overview and Summary
The parties involved in the case were Brittain and the Crown. The dispute centred on sentencing for possession of cocaine and ecstasy with intent to sell or supply. The case was heard in the High Court of Australia. The legal issues that the court was required to decide involved whether a suspended term of imprisonment was appropriate for the offender. The offender intended to sell a portion of the drugs to finance his own use, but also had a portion for his own use. The offender was now drug free.
The court considered the factors that influenced the sentencing decision, including the offender's intent to sell a portion of the drugs to finance his own use, the fact that a portion of the drugs were for his own use, and the offender's current drug-free status. The court concluded that a suspended term of imprisonment was appropriate in this case, taking into account the offender's intent to sell a portion of the drugs to finance his own use, the fact that a portion of the drugs were for his own use, and the offender's current drug-free status. The court reduced the two sentences from 7 years imprisonment to 3 years imprisonment concurrent.
The court considered the factors that influenced the sentencing decision, including the offender's intent to sell a portion of the drugs to finance his own use, the fact that a portion of the drugs were for his own use, and the offender's current drug-free status. The court concluded that a suspended term of imprisonment was appropriate in this case, taking into account the offender's intent to sell a portion of the drugs to finance his own use, the fact that a portion of the drugs were for his own use, and the offender's current drug-free status. The court reduced the two sentences from 7 years imprisonment to 3 years imprisonment concurrent.
Orders
Orders of the court
Two sentences reduced from 7 years imprisonment to 3 years imprisonment concurrent
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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