Delovski v The Queen

[2002] WASCA 88

JURISDICTION	:	SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT :	COURT OF CRIMINAL APPEAL
CITATION	:	DELOVSKI -v- THE QUEEN [2002] WASCA 88

CORAM	: MALCOLM CJ WALLWORK J TEMPLEMAN J
HEARD	: 12 FEBRUARY 2002
DELIVERED	: 18 APRIL 2002
FILE NO/S	:  CCA 52 of 2001
BETWEEN	: SASO DELOVSKI

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal law and procedure - Judgment and punishment - Sentencing - Sentence of imprisonment for 9 years for possession of heroin with intent to sell or supply - 524 grams of 25 per cent purity - Aplicant agreeing to take over implementation of transaction from his brother who was the organiser and sentenced to 9-1/2 years - Plea of guilty - Applicant a non-citizen liable be deported upon release on parole - Whether sentence reflected the respective roles of the applicant and his brother

Legislation:

Criminal Code Act Compilation Act 1913 (WA), s 689(3)
Misuse of Drugs Act 1981 (WA), s 6(1)(a)

[2002] WASCA 88

Result:

Application for leave to appeal granted

Appeal dismissed

Category: D

Representation:

Counsel:

Applicant	:	Ms K J Farley
Respondent	:	Mr D Dempster

Solicitors:

Applicant	:	Unrepresented Criminal Appellants Scheme
Respondent	:	State Director of Public Prosecutions

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

Lam v R, unreported; CCA SCt of WA; Library No 960492; 5 August 1996
Lowe v The Queen (1984) 154 CLR 606
Postiglione v The Queen (1997) 189 CLR 295
Quach v The Queen [1999] WASCA 210

Thom v The Queen [2001] WASCA 322

Case(s) also cited:

Nil

[2002] WASCA 88

MALCOLM CJ

1. MALCOLM CJ: This was an application for leave to appeal against sentence. On 7 February 2001 the applicant was convicted in the District Court at Perth on his plea of guilty to an indictment which alleged one count that on 26 May 2000 at Highgate the applicant had in his possession a prohibited drug, namely heroin, with intent to sell or supply it to another, contrary to s 6(1)(a) of the Misuse of Drugs Act 1981 (WA). The applicant was remanded in custody for sentence on 2 March 2001. On that day Healy DCJ heard submissions regarding sentence and made a declaration that the applicant was a drug trafficker. On 9 March 2001 the learned Judge sentenced the applicant to imprisonment for 9 years backdated to 26 May 2000. In imposing the sentence the learned Judge indicated that an appropriate sentence for the offence was imprisonment for 12 years which was reduced to 9 years by reason of the applicant's plea of guilty.

2. The applicant seeks leave to appeal on the grounds that:

"1.	The sentence imposed was manifestly excessive in all the circumstances.
2.	The learned sentencing Judge failed to give sufficient weight to matters put by way of mitigation.
3.	The learned sentencing Judge erred in his findings concerning the role of the offender in the commission of the offence."

3              These grounds are quite uninformative and devoid of particulars.

However, the applicant was represented by the…