Etrelezis v The Queen

Case [2001] WASCA 327


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   COURT OF CRIMINAL APPEAL

CITATION:   ETRELEZIS -v- THE QUEEN [2001] WASCA 327

CORAM:   MALCOLM CJ

WALLWORK J
TEMPLEMAN J

HEARD:   15 JUNE 2001

DELIVERED          :   15 JUNE 2001

PUBLISHED           :  26 OCTOBER 2001

FILE NO/S:   CCA 45 of 2001

BETWEEN:   LEON ETRELEZIS

Appellant

AND

THE QUEEN
Respondent

Catchwords:

Criminal law - Offences against the person - Sentencing - Doing grievous bodily harm - Whether immediate sentence of imprisonment for 3 years should have been suspended - Principles to be applied

Legislation:

Criminal Code (WA) s 294, s 297

Sentencing Act 1995 (WA) s 6(4), s 39(2)(f), s 39(2)(h), s 76(2)

Result:

Application for leave to appeal granted
Sentence of imprisonment for 3 years suspended

Category:    D

Representation:

Counsel:

Appellant:     Mr S M Brennan

Respondent:     Mr J Mactaggart

Solicitors:

Appellant:     Shane Michael Brennan

Respondent:     State Director of Public Prosecutions

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

Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621

Chan (1989) 38 A Crim R 337

Cranssen v The King (1936) 55 CLR 509

Dinsdale v The Queen [2000] HCA 54; (2000) 74 ALJR 1538

House v The King (1936) 55 CLR 499

Jones v The Queen, unreported; CCA SCt of WA; Library No 920406; 31 July 1992

Latham v The Queen [2000] WASCA 338

Leslie v The Queen, unreported; CCA SCt of WA; Library No 940080; 21 February 1994

Lowndes v The Queen [1999] HCA 29; (1999) 73 ALJR 1007

R v Liddington (1997) 18 WAR 394

R v Shaharuddin [1999] WASCA 229

R v Tait (1979) 46 FLR 386

Ryan v The Queen [2001] HCA 21

Van de Worp v R [2000] WASCA 154

Case(s) also cited:

Krencej v R [1999] WASCA 20

  1. MALCOLM CJ: This was an application for leave to appeal against sentence. On 28 February 2001 the applicant was convicted of doing grievous bodily harm to the complainant contrary to s 297 of the Criminal Code. The applicant had been tried on an indictment which alleged that on 10 July 1999 at Scarborough, with intent to disfigure or do grievous bodily harm to one Craig Anthony Barron, he did grievous bodily harm to Craig Anthony Barron. He was found not guilty of that offence, which carries a maximum penalty of imprisonment for 20 years under s 294 of the Criminal Code. The lesser offence under s 297 carries a maximum penalty of imprisonment for 10 years. The sentence imposed by the learned Judge on 2 March 2001 was a sentence of imprisonment for 3 years with eligibility for parole.

  2. At the conclusion of the argument on 15 June 2001 the Court was unanimously of the opinion that leave to appeal against sentence should be granted, the appeal allowed and the sentence varied by suspending the sentence of imprisonment of 3 years imposed by the learned Judge for a period of one year.  The applicant was then discharged from custody.  The Court then…

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Etrelezis v The Queen [2001] WASCA 327
Case
[2001] WASCA 327
Decision Date

CaseChat Overview and Summary

Etrelezis was found guilty of causing grievous bodily harm to another person and was sentenced to an immediate term of imprisonment for 3 years. The appellant appealed against his sentence, arguing that the sentence should have been suspended. The primary focus of the appeal was whether the trial judge had misapplied the principles of sentencing when imposing the immediate term of imprisonment.

The court was required to determine if the trial judge had erred in his application of sentencing principles by imposing an immediate term of imprisonment. Specifically, the court needed to consider whether the sentence was manifestly inadequate or excessive, and whether the trial judge had given appropriate consideration to the principles of proportionality, deterrence, and rehabilitation when imposing the sentence.

The court held that the trial judge had not misapplied the principles of sentencing. The judge had given appropriate consideration to the severity of the offence, the need for general deterrence, and the appellant's personal circumstances. The court noted that the trial judge had balanced the principles of sentencing and had concluded that an immediate term of imprisonment was the appropriate sentence. The court found that the sentence was neither manifestly inadequate nor excessive, and therefore dismissed the appeal.

The appeal was dismissed, and the original sentence of an immediate term of imprisonment for 3 years 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

WALLWORK J

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Ratio Decidendi

Legal Principle Established

Established by: WALLWORK J

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