JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: EDWARDS -v- THE QUEEN [2000] WASCA 211
CORAM: MURRAY J
PARKER J
HEENAN J
HEARD: 19 JUNE 2000
DELIVERED : 10 AUGUST 2000
FILE NO/S: CCA 195 of 1999
BETWEEN: ADRIAN MICHAEL EDWARDS
Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Eligibility for parole - Earlier breaches of probation orders and parole - Cumulative terms of imprisonment - Use of stolen motor vehicle for attempted bank robbery - Parity with sentence of co-offender - Backdating of sentence after suspension of parole - Sentence not manifestly excessive
Legislation:
Sentencing Act 1995 (WA), s 87
Result:
Application for leave to appeal refused
Representation:
Counsel:
Applicant: Ms J G Fordham
Respondent: Mr R E Cock QC & Ms J A Girdham
Solicitors:
Applicant: Leonard Cohen & Co
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Case(s) also cited:
Cook v The Queen, unreported; CCA SCt of WA; Library No 960395; 25 July 1996
De Jesus v The Queen [2000] WASCA 128
Duncan v The Queen (1983) 47 ALR 746
Eades v The Queen (1990) 47 A Crim R 385
Miles v The Queen (1997) 17 WAR 518
Palmer v The Queen [1999] WASCA 253
Pezzino v The Queen (1997) 92 A Crim R 135
R v Jones, unreported; SCt of WA (Scott J); Library No 970210; 7 May 1997
R v Olbrich (1999) 166 ALR 330
Ratcliffe v The Queen, unreported; CCA SCt of WA; Library No 980651; 3 November 1998
Reppas v The Queen, unreported; CCA SCt of WA; Library No 970221; 15 May 1997
Riley v The Queen [2000] WASCA 111
Shaharuddin v The Queen [1999] WASCA 229
Taylor v The Queen, unreported; CCA SCt of WA; Library No 980152; 6 April 1998
The Attorney-General v Tichy (1982) 30 SASR 84
Thompson v The Queen (1993) 8 WAR 387
Thomson & Owen v The Queen, unreported; CCA SCt of WA; Library No 980482; 28 August 1998
Trotman v The Queen, unreported; CCA SCt of WA; Library No 950639; 24 November 1995
Wongawol v The Queen (1998) 101 A Crim R 350
Youil v The Queen (1995) 80 A Crim R 1
MURRAY J: I have read in draft the reasons to be published by Heenan J, to which I have nothing to add. I agree that the application for leave to appeal should be refused.
PARKER J: I have read in draft the reasons to be published by Heenan J and for those reasons I agree that the application for leave should be refused.
HEENAN J: The applicant seeks leave to appeal from a sentence of imprisonment for a total of four years imposed upon him in the District Court at Perth on 31 August 1999.
The charges against the applicant arose out of the following circumstances. On the evening of Monday 21 December 1998…
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- AGLC
- Edwards v The Queen [2000] WASCA 211
- Case
- [2000] WASCA 211
- Decision Date
CaseChat Overview and Summary
The court examined the nature and circumstances of the offences, the appellant's criminal history, and the principles of sentencing relevant to the case. It was noted that the appellant had previously breached parole conditions and probation orders, which indicated a pattern of non-compliance with the terms set by the court. The court assessed whether these breaches warranted a cumulative term of imprisonment in addition to the sentence for the current offences. The court also considered the principle of parity, which requires that co-offenders receive sentences that reflect the relative seriousness of their respective roles in the crimes committed. In this case, the appellant's sentence was compared to that of the co-offender to ensure fairness and proportionality.
Upon reviewing the evidence and arguments presented, the court concluded that the sentence imposed was not manifestly excessive. The court found that the cumulative terms of imprisonment were justified due to the appellant's history of breaching parole and probation orders. The court also determined that the backdating of the sentence after the suspension of parole was appropriate given the appellant's continued non-compliance with the conditions set. The court emphasised that the sentence reflected the seriousness of the offences committed and the appellant's criminal history, and that it was proportionate to the co-offender's sentence. The appeal was therefore dismissed, and the original sentence was upheld.
In conclusion, the court found that the sentence imposed on the appellant was not manifestly excessive, taking into account the appellant's prior breaches of parole and probation orders, the nature of the current offences, and the principle of parity with the co-offender's sentence. The backdating of the sentence after the suspension of parole was also deemed appropriate. The appeal was dismissed, and the original sentence was upheld.
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
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Ratio Decidendi
Legal Principle Established
Established by: PARKER J
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