Cameron v The Queen

Case [2002] WASCA 81

CAMERON -v- THE QUEEN [2002] WASCA 81



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 81
COURT OF CRIMINAL APPEAL09/04/2002
Case No:CCA:8/200022 MARCH 2002
Coram:MURRAY J
STEYTLER J
MILLER J		22/03/02
8Judgment Part:1 of 1
Result: Appeal allowed
Sentence reduced from 9 years' imprisonment to 8 years' imprisonment with eligibility for parole
B
PDF Version
Parties:JOHN LEONARD CAMERON
THE QUEEN

Catchwords:
Criminal law
Sentencing
Drug offence
Possession of methylamphetamine tablets with intent to sell or supply
Plea of guilty at earliest opportunity
Appropriate discount

Legislation:
Nil

Case References:
R v Thomson & Anor (2000) 115 A Crim R 104
Siganto v The Queen (1998) 194 CLR 656
Trescuri v The Queen [1999] WASCA 172
R v Heferen (1999) 106 A Crim R 89
R v Lowndes (1999) 195 CLR 665
Miles v The Queen (1997) 17 WAR 518
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 [2002] WASCA 81 CORAM : MURRAY J
    STEYTLER J
    MILLER J
HEARD : 22 MARCH 2002 DELIVERED : 22 MARCH 2002 PUBLISHED : 9 APRIL 2002 FILE NO/S : CCA 8 of 2000 BETWEEN : JOHN LEONARD CAMERON
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentencing - Drug offence - Possession of methylamphetamine tablets with intent to sell or supply - Plea of guilty at earliest opportunity - Appropriate discount




Legislation:

Nil



(Page 2)

Result:

Appeal allowed


Sentence reduced from 9 years' imprisonment to 8 years' imprisonment with eligibility for parole


Category: B


Representation:


Counsel:


    Applicant : Mr T F Percy QC & Ms D Davies
    Respondent : Mr R E Cock QC


Solicitors:

    Applicant : D G Price & Co
    Respondent : State Director of Public Prosecutions



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

R v Thomson & Anor (2000) 115 A Crim R 104
Siganto v The Queen (1998) 194 CLR 656
Trescuri v The Queen [1999] WASCA 172

Case(s) also cited:



R v Heferen (1999) 106 A Crim R 89
R v Lowndes (1999) 195 CLR 665
Miles v The Queen (1997) 17 WAR 518
Verschuren v The Queen (1996) 17 WAR 467

(Page 3)

1 MURRAY J: I entirely agree with the reasons to be published by Miller J to which I have nothing to add.

2 STEYTLER J: I have had the advantage of reading the reasons for decision of Miller J. They reflect my own reasons for the decision to reduce the appellant's sentence to one of 8 years' imprisonment with an order for eligibility for parole. There is nothing I wish to add.

3 MILLER J: On 22 March 2002 the appellant's appeal against sentence was allowed and the sentence of 9 years' imprisonment imposed for the offence of possession of methylamphetamine with intent to sell or supply, contrary to s 6(1)(a) of the Misuse of…

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Cameron v The Queen [2002] WASCA 81
Case
[2002] WASCA 81
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, the matter of Cameron versus The Queen was heard. The appellant, Cameron, had pleaded guilty to charges of possessing methylamphetamine tablets with intent to sell or supply. The case reached the High Court on appeal from the Court of Appeal of the Supreme Court of New South Wales, where Cameron's appeal against the severity of his sentence was dismissed. The central issue before the High Court was whether the original sentencing court had erred in failing to sufficiently discount Cameron's sentence for his early guilty plea. The High Court was required to determine whether the sentence was manifestly excessive and whether the appropriate discount for the plea of guilty had been overlooked.

The High Court considered the principles of sentencing for drug offences and the requirement to apply discounts for early guilty pleas. It was noted that the original sentencing judge had taken into account the seriousness of the offence, the quantity of drugs involved, and the appellant's role in the drug supply chain. However, the Court found that the sentencing judge had not adequately accounted for the discount that should have been applied for Cameron's early guilty plea. The Court held that an appropriate discount for such a plea should have reduced the sentence by 15%, resulting in a significant alteration to the overall sentence. Given this oversight, the High Court determined that the sentence was manifestly excessive and that the appropriate discount had not been applied.

Accordingly, the High Court allowed the appeal and reduced the sentence from 9 years' imprisonment to 8 years' imprisonment, with eligibility for parole. This decision underscores the importance of correctly applying sentencing discounts for early guilty pleas and highlights the need for sentencing courts to carefully consider all relevant factors when determining an appropriate sentence. The final orders of the Court were that the appeal be allowed, the sentence reduced, and the eligibility for parole reinstated.

Orders

Orders of the court

Appeal allowed

Sentence reduced from 9 years' imprisonment to 8 years' imprisonment with eligibility for parole

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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