Cameron v The Queen

Case [2000] WASCA 286

CAMERON -v- THE QUEEN [2000] WASCA 286


Pending Appeal


SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 286
COURT OF CRIMINAL APPEAL
Case No:CCA:8/20003 OCTOBER 2000
Coram:PIDGEON J
IPP J
OWEN J		3/10/00
7Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal dismissed
PDF Version
Parties:JOHN LEONARD CAMERON
THE QUEEN

Catchwords:
Criminal Law and Procedure
Sentencing
Drug Offence
Possessing 5268 amphetamine tablets with intent to sell or supply
Ten year sentence reduced to nine years by reason of an early plea
Whether reduction sufficient
Plea of guilty entered in Petty Sessions after a number of remands and after the election of a preliminary hearing
Sentence confirmed

Legislation:
Nil

Case References:
Nil
Miles v The Queen (1997) 17 WAR 518
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
R v Heferen (1999) 106 A Crim R 89
Verschuren v The Queen (1996) 17 WAR 467

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : CAMERON -v- THE QUEEN [2000] WASCA 286 CORAM : PIDGEON J
    IPP J
    OWEN J
HEARD : 3 OCTOBER 2000 DELIVERED : 3 OCTOBER 2000 FILE NO/S : CCA 8 of 2000 BETWEEN : JOHN LEONARD CAMERON
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal Law and Procedure - Sentencing - Drug Offence - Possessing 5268 amphetamine tablets with intent to sell or supply - Ten year sentence reduced to nine years by reason of an early plea - Whether reduction sufficient - Plea of guilty entered in Petty Sessions after a number of remands and after the election of a preliminary hearing - Sentence confirmed




Legislation:

Nil




Result:

Leave to appeal granted




(Page 2)

Appeal dismissed

Representation:


Counsel:


    Applicant : Mr A E Monisse
    Respondent : Mr D Dempster


Solicitors:

    Applicant : Director of Legal Aid
    Respondent : State Director of Public Prosecutions


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

Case(s) also cited:



Miles v The Queen (1997) 17 WAR 518
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
R v Heferen (1999) 106 A Crim R 89
Verschuren v The Queen (1996) 17 WAR 467

(Page 3)

1 PIDGEON J: This is an application for leave to appeal against a sentence of 10 years imprisonment imposed by his Honour Judge Blaxell on the applicant following his plea of guilty to an indictment alleging that he had in his possession a quantity of methylamphetamine with intent to sell or supply it to another.

2 The facts as found by the sentencing Judge were that on 22 April 1999 the applicant alighted from an aircraft in Perth that had come from the Eastern States. He was spoken to by police and searched and there was found to be in his possession a plastic package which contained 5268 tablets. When analysed, they were found to be…

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Cameron v The Queen [2000] WASCA 286
Case
[2000] WASCA 286
Decision Date

CaseChat Overview and Summary

The case of Cameron v The Queen involved the appellant, who was convicted for possessing a large quantity of amphetamine tablets with the intent to sell or supply. The appellant was initially remanded in custody and subsequently pleaded guilty in Petty Sessions after several remands and the election of a preliminary hearing. The court sentenced the appellant to ten years in prison, which was later reduced to nine years due to the early plea. The appellant appealed against the sentence, arguing that the reduction was insufficient. The appeal was heard in the Supreme Court of the relevant jurisdiction.

The primary legal issue before the court was whether the sentence reduction was appropriate and sufficient given the nature and circumstances of the offence. The court was tasked with determining whether the nine-year sentence was just and proportionate to the crime committed. Additionally, the court had to consider the impact of the early plea on the sentence and whether the reduction adequately reflected the appellant's cooperation with the prosecution.

In delivering the judgment, the court noted the severity of the drug offence and the significant quantity of drugs involved. The court acknowledged the appellant's early plea and the potential benefits it brought to the administration of justice. However, the court also emphasised the need for sentences to reflect the seriousness of drug-related crimes to deter others. After weighing these factors, the court concluded that the sentence, even with the reduction, was appropriate and proportionate. The appeal was dismissed, and leave to appeal was granted, but the sentence was ultimately upheld.

The court's final order was to dismiss the appeal and confirm the nine-year sentence. The court found that the reduction for the early plea was sufficient and that the sentence appropriately reflected the seriousness of the offence and the need for deterrence.

Orders

Orders of the court

Leave to appeal granted

Appeal dismissed

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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