DOWNEY -v- THE QUEEN [2002] WASCA 59
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASCA 59 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:91/2001 | 5 FEBRUARY 2002 | |
| Coram: | MALCOLM CJ ANDERSON J STEYTLER J | 21/03/02 | |
| 12 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | MICHAEL PHILIP DOWNEY THE QUEEN |
Catchwords: | Criminal law Sentencing Totality principle Whether sentence manifestly excessive 20yearold male with 58 previous convictions 4 years for 14 offences cumulative on sentence of 6 years already being served for armed robbery not set aside as excessive |
Legislation: | Government Railways Act 1904 |
Case References: | Carreras v R (1992) 60 A Crim R 402 Cabassi v The Queen [2000] WASCA 305 Jarvis v The Queen (1993) 20 WAR 201 Lowndes v The Queen (1999) 195 CLR 665 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 R v Ward [1999] WASCA 157 Wade v The Queen [2001] WASCA 252 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : DOWNEY -v- THE QUEEN [2002] WASCA 59 CORAM : MALCOLM CJ
- ANDERSON J
STEYTLER J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law - Sentencing - Totality principle - Whether sentence manifestly excessive - 20yearold male with 58 previous convictions - 4 years for 14 offences cumulative on sentence of 6 years already being served for armed robbery not set aside as excessive
Legislation:
Result:
Appeal dismissed
(Page 2)
Category: B
Representation:
Counsel:
Applicant : Mr B S Hanbury
Respondent : Mr R E Cock QC
Solicitors:
Applicant : Beau Hanbury
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Carreras v R (1992) 60 A Crim R 402
Case(s) also cited:
Cabassi v The Queen [2000] WASCA 305
Jarvis v The Queen (1993) 20 WAR 201
Lowndes v The Queen (1999) 195 CLR 665
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 194 CLR 610
R v Ward [1999] WASCA 157
Wade v The Queen [2001] WASCA 252
(Page 3)
1 MALCOLM CJ: In my opinion this application for leave to appeal should be granted but the appeal dismissed. I have reached this conclusion for the reasons to be published by Anderson J with which I am in entire agreement.
2 I would only wish to add that it was extremely unfortunate that the papers were organised in the form of an appeal book and two supplementary appeal books without detailed references to facilitate the task of tracking down the proceedings in which the various sentences were imposed and the documents which were relevant to them. I am most grateful for Anderson J preparing a detailed chronology of the various offences with which the applicant was convicted and the sentences…
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CaseChat Overview and Summary
The central legal issue that the court was required to address was whether the sentence imposed by the trial judge was manifestly excessive. The appellant's argument was based on the totality principle, which dictates that the total punishment should not be disproportionate to the gravity of the offender's criminal conduct and his or her personal circumstances. The court considered the appellant's extensive criminal history, his young age, and the nature of the offences committed when determining whether the sentence was manifestly excessive.
The court, in dismissing the appeal, found that the trial judge had given appropriate consideration to the totality principle and the appellant's personal circumstances. The court emphasised the appellant's persistent criminal behaviour and the need to protect the community from further offending. It was held that the sentence imposed was not manifestly excessive, taking into account the totality of the appellant's offending and the need to maintain public confidence in the criminal justice system.
No further orders were made by the court, as the appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
Appeal dismissed
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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