De Bonde v The Queen

Case [2002] WASCA 251


DE BONDE -v- THE QUEEN [2002] WASCA 251



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 251
COURT OF CRIMINAL APPEAL
Case No:CCA:56/200220 AUGUST 2002
Coram:PARKER J
HASLUCK J
FITZGERALD AJ
6/09/02
6Judgment Part:1 of 1
Result: Application for leave to appeal refused
D
PDF Version
Parties:DARREN SHANE DE BONDE
THE QUEEN

Catchwords:

Criminal law
Sentencing
Importing a quantity of "Ecstasy" in excess of the trafficable quantity
Plea of guilty
Quantity imported less than quantities imported by associates
Parity
Whether sufficient allowance made for lesser quantity
A sentence of imprisonment for 5 years with a non-parole period of 2 years 6 months held to be not excessive

Legislation:

Customs Act 1901, s 233B(1)(b), Sch 6, s 235

Case References:

Nil
Bellissimo v The Queen (1996) 84 A Crim R 465
Boxtel v The Queen [1994] 2 VR 98
Cameron v The Queen (2002) 187 ALR 65
Darwell v The Queen (1997) 94 A Crim R 35
Grimwood v The Queen [2002] WASCA 135
Heryadi v The Queen (1998) 19 WAR 383
Little v The Queen [2001] WASCA 87
Lowe v The Queen (1984) 154 CLR 606
Miles v The Queen (1997) 17 WAR 518
Postiglione v The Queen (1997) 189 CLR 295
R v Diefenbach (1999) 108 A Crim R 19
R v Ferrer-Esis (1991) 55 A Crim R 231
R v Foster & D'anna (1992) 59 A Crim R 14
R v King [1979] VR 399
R v Laurentiu & Becheru (1992) 63 A Crim R 402
R v Lewis (1984) 13 A Crim R 63
R v Nardozzi (1994) 74 A Crim R 319
R v Oancea (1990) 51 A Crim R 141
R v Olbrich (1999) 199 CLR 270
Radebe v The Queen (2001) 162 FLR 313
Siganto v The Queen (1998) 194 CLR 656
Verschuren v The Queen (1996) 17 WAR 467
Wale v The Queen [2001] WASCA 418
Wong v The Queen (2001) 185 ALR 233

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : DE BONDE -v- THE QUEEN [2002] WASCA 251 CORAM : PARKER J
    HASLUCK J
    FITZGERALD AJ
HEARD : 20 AUGUST 2002 DELIVERED : 6 SEPTEMBER 2002 FILE NO/S : CCA 56 of 2002 BETWEEN : DARREN SHANE DE BONDE
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentencing - Importing a quantity of "Ecstasy" in excess of the trafficable quantity - Plea of guilty - Quantity imported less than quantities imported by associates - Parity - Whether sufficient allowance made for lesser quantity - A sentence of imprisonment for 5 years with a non-parole period of 2 years 6 months held to be not excessive




Legislation:

Customs Act 1901, s 233B(1)(b), Sch 6, s 235



(Page 2)

Result:

Application for leave to appeal refused




Category: D


Representation:


Counsel:


    Applicant : Mr J McGrath
    Respondent : Mr H G Dembo


Solicitors:

    Applicant : Maughan & Leach
    Respondent…

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Details
AGLC
De Bonde v The Queen [2002] WASCA 251
Case
[2002] WASCA 251
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, the matter of De Bonde v The Queen was heard and determined. The appellant, De Bonde, had pleaded guilty to importing a quantity of "Ecstasy" in excess of the trafficable quantity. The primary dispute in this case was the determination of the appropriate sentence for De Bonde, particularly considering his plea of guilty and the lesser quantity of drugs imported compared to his associates.

The legal issues the court was required to decide included whether the sentence imposed was excessive and whether sufficient allowance had been made for the lesser quantity of drugs imported by De Bonde relative to his associates. The court also needed to consider the principle of parity in sentencing and whether the sentence of imprisonment for 5 years with a non-parole period of 2 years and 6 months was appropriate.

In its reasoning, the court examined the evidence and arguments presented regarding the lesser quantity of drugs imported by De Bonde compared to his associates. The court acknowledged that while De Bonde was guilty of a serious offence, there were mitigating factors such as his lesser involvement in the importation of drugs. The court held that the sentence was not excessive, considering all the circumstances, including the principle of parity in sentencing. The court also noted that the sentence reflected the gravity of the offence and was within the range of sentences typically imposed for such crimes. Therefore, the application for leave to appeal was refused, and the sentence stood as determined by the lower court.

Orders

Orders of the court

Application for 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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