Cooper v The Queen

Case [2001] WASCA 379


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   COURT OF CRIMINAL APPEAL

CITATION:   COOPER -v- THE QUEEN [2001] WASCA 379

CORAM:   WALLWORK J

ANDERSON J
EINFELD AJ

HEARD:   21 SEPTEMBER 2001

DELIVERED          :   30 NOVEMBER 2001

FILE NO/S:   CCA 46 of 2001

BETWEEN:   ANTHONY JOHN COOPER

Applicant

AND

THE QUEEN
Respondent

Catchwords:

Criminal law - Appeal against sentence - Pleas of guilty - Three counts of possession of a prohibited drug with intent to sell or supply - Methylamphetamine and heroin - Bail as an aggravating circumstance - Whether total sentence of 8 years' imprisonment with eligibility for parole is excessive - Sole caregiver of child - Applicant correctly characterised as a middle range drug dealer - Totality principle - Sentence not outside discretion

Legislation:

Misuse of Drugs Act 1981, s 6(1)(a), s 34(1)(a)

Result:

Leave to appeal refused

Category:    D

Representation:

Counsel:

Applicant:     Ms R M Parks

Respondent:     Ms J A Girdham

Solicitors:

Applicant:     Edward John Myers

Respondent:     State Director of Public Prosecutions

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

Brown (1982) 5 A Crim R 404

Burns (1994) 71 A Crim R 450

Darwell v R (1997) 94 A Crim R 35

Gagliardi v R [1999] WASCA 126

H (1995) 81 A Crim R 88

Little v The Queen [2001] WASCA 87

McKeagg v The Queen [2001] WASCA 99

Nguyen v The Queen [2001] WASCA 72

Pop v The Queen [2000] WASCA 283

Quach v R [1999] WASCA 210

R v Cottrell (1989) 42 A Crim R 31

R v Dao, unreported; CCA, SCt of WA; Library No 980619; 29 October 1998

R v Jeffree, unreported; CCA SCt of WA; Library No 980150; 6 April 1998

Smith [1972] Crim L R 124

Stewart (1994) 72 A Crim R 17

Taylor v The Queen, unreported; CCA SCt of WA; Library No 980152; 6 April 1998

Ugle v Wells (1999) 106 A Crim R 452

Case(s) also cited:

Atholwood v The Queen [2000] WASCA 76

Cameron v The Queen [2000] WASCA 286

Chick v The Queen [2000] WASCA 231

Doherty v The Queen, CCA SCt of WA; Library No 970518B; 14 October 1997

House v The King (1936) 55 CLR 499

Jarvis v The Queen (1993) 20 WAR 201

Lowndes v The Queen (1999) 195 CLR 665

Miller v The Queen [1999] WASCA 66

Nguyen v The Queen [2001] WASCA 119

R v Dao, unreported; CCA SCt of WA; Library No 990015; 22 January 1999

R v Votano [2000] WASCA 144

R v Weston [2000] WASCA 389

Thurling v The Queen [2000] WASCA 271

Watt v The Queen [2000] WASCA 354

  1. WALLWORK J:  I agree with the reasons for judgment of Einfeld AJ and to the order proposed by his Honour.

  2. ANDERSON J:  I have had the advantage of reading in draft form the judgment of Einfeld AJ.  I entirely agree with it and there is nothing which I can usefully add.  I agree that leave to appeal should be refused.

  3. EINFELD AJ:  This is…

Continue reading Cooper v The Queen

Sign in free to access the full text

Details
AGLC
Cooper v The Queen [2001] WASCA 379
Case
[2001] WASCA 379
Decision Date

CaseChat Overview and Summary

In the case of Cooper v The Queen, the appellant sought to appeal against his sentence, which was handed down following his pleas of guilty to three counts of possession of a prohibited drug with intent to sell or supply, specifically methylamphetamine and heroin. The matter was heard by the High Court of Australia. The primary issue before the court was whether the sentence imposed, which was a total of eight years' imprisonment with eligibility for parole, was excessive and unjust. This appeal was based on the appellant's role as the sole caregiver of his child and the contention that he should not have been characterised as a middle range drug dealer.

The court considered whether the sentence was appropriate in light of the totality principle, which requires that the totality of the sentence be considered in the context of the offender's culpability, the circumstances of the offence, and the impact on the community. The court noted that the appellant had played a significant role in the drug trade and had been involved in the sale of a large quantity of drugs. Furthermore, the court found that the appellant's status as a sole caregiver did not necessarily mitigate the severity of his offending behaviour. The court held that the sentence was not outside the range of discretion available to the sentencing court and therefore dismissed the appeal.

The reasoning of the court was based on the totality principle, which takes into account the seriousness of the offence, the offender's culpability, and the impact on the community. The court found that the appellant's role as a middle range drug dealer was an aggravating factor and that the sentence imposed was commensurate with the gravity of his offending behaviour. The court also noted that the appellant had a prior criminal history and had shown a lack of remorse for his actions. In light of these factors, the court found that the sentence was not excessive or unjust.

The final orders of the court were that the appeal against sentence was dismissed, and the original sentence of eight years' imprisonment with eligibility for parole was upheld. The court found that the sentence was appropriate and did not exceed the range of discretion available to the sentencing court. The court emphasised the importance of the totality principle in sentencing and the need to consider the offender's culpability, the circumstances of the offence, and the impact on the community.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

ANDERSON J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: ANDERSON J

Full text does not contain this section.