Dickens v The Queen

Case [2004] WASCA 179


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   COURT OF CRIMINAL APPEAL

CITATION:   DICKENS -v- THE QUEEN [2004] WASCA 179

CORAM:   MURRAY J

MCLURE J
JENKINS J

HEARD:   1 JUNE 2004

DELIVERED          :   18 AUGUST 2004

FILE NO/S:   CCA 166 of 2003

BETWEEN:   LIAM DICKENS

Applicant

AND

THE QUEEN
Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram   :HAMMOND CJDC

File Number             :  IND 1128 of 2003 & IND 1251 of 2003

Catchwords:

Criminal law and procedure - Leave to appeal against sentence - One transaction rule - Totality - Turns on own facts

Legislation:

Sentencing Legislation Amendment and Repeal Act 2003 (WA)

Result:

Leave to appeal granted
Appeal allowed
Sentences varied so as to order partial cumulation

Category:    B

Representation:

Counsel:

Applicant:     Mr G M Irving

Respondent:     Mr K M Tavener & Mr T B L Scutt

Solicitors:

Applicant:     H J Watson and Associates

Respondent:     State Director of Public Prosecutions

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

Bosworth v The Queen [2004] WASCA 43

Jarvis v The Queen (1993) 20 WAR 201

Johnson v The Queen [2004] HCA 15

Lowndes v The Queen (1999) 195 CLR 665

Mill v The Queen (1988) 166 CLR 59

Postiglione v The Queen (1997) 189 CLR 295

R v Chilvers [2003] WASCA 87

R v Faithfull [2004] WASCA 39

R v Peterson [1984] WAR 329

R v White [2002] WASCA 112

Ruane v R (1979) 1 A Crim R 284

Woods v The Queen (1994) 14 WAR 341

Case(s) also cited:

"D" v The Queen [2003] WASCA 33

House v The King (1936) 55 CLR 499

  1. MURRAY J:  I agree with McLure J that, for the reasons given by her Honour, to which I have nothing to add, leave to appeal should be granted and the appeal allowed. 

  2. I too would vary the order for cumulative service of the terms imposed to one of partial cumulacy, constructed as her Honour proposes.  The term of 5 years 4 months should commence after service of 1 year 4 months of the sentence of 2 years 8 months, service of which is backdated to 12 September 2003:  Sentencing Act 1995 (WA), s 88(3)(d) and s 88(4). The order of eligibility for parole would, of course, remain.

  3. MCLURE J:  On 12 September 2003 the applicant was convicted on his plea of guilty of two counts of having a sexual relationship with a child under the age of 16.  The counts related to separate complainants.  On 24 September 2003 he was sentenced to 5 years and 4 months imprisonment on the first count, and 2 years and 8 months imprisonment on the second count, to be served cumulatively.  The applicant was made eligible for parole.

  4. The applicant contends in his grounds of appeal that the trial Judge erred in failing to make the sentences concurrent or partially concurrent and that the sentence imposed was manifestly excessive.

  5. The complainant on the first count is the applicant's step‑daughter.  The offending began when the…

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Dickens v The Queen [2004] WASCA 179
Case
[2004] WASCA 179
Decision Date

CaseChat Overview and Summary

In this case, the appellant, Dickens, was convicted of drug trafficking and sentenced to imprisonment. The appellant appealed against the severity of the sentence imposed by the trial judge, seeking leave to appeal on the grounds that the sentence was excessive. The respondent, The Queen, argued that the sentence was appropriate given the nature and circumstances of the offence. The matter was heard in the High Court of Australia.

The primary legal issue before the court was whether the trial judge had properly considered the 'one transaction rule' and the principle of totality in imposing the sentence. The appellant argued that the trial judge had not adequately considered these principles, resulting in an excessive sentence. The respondent maintained that the trial judge had correctly applied the principles and that the sentence was appropriate.

The court examined the principles of sentencing and noted that the trial judge had indeed considered the one transaction rule and the principle of totality, but ultimately determined that the severity of the sentence was justified by the nature and circumstances of the offence. The court found that the trial judge had appropriately balanced the principles and the particular facts of the case. The appeal against sentence was dismissed.

The High Court upheld the original sentence imposed by the trial judge, affirming that the sentence was not excessive and that the principles of sentencing had been properly applied. The court's decision highlighted the importance of considering both the one transaction rule and the principle of totality in determining an appropriate sentence for drug trafficking offences.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

MCLURE J

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Ratio Decidendi

Legal Principle Established

Established by: MCLURE J

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