Foo v the Queen

Case [2001] WASCA 406


FOO -v- THE QUEEN [2001] WASCA 406



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 406
COURT OF CRIMINAL APPEAL
Case No:CCA:98/200119 NOVEMBER 2001
Coram:STEYTLER J
PARKER J
OLSSON AUJ
13/12/01
34Judgment Part:1 of 1
Result: Appeal against conviction dismissed
Leave to appeal against sentence granted
Sentence of 17 years imprisonment with a non-parole period of 9 years 6 months substituted
A
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Parties:KOK JUAN FOO
THE QUEEN

Catchwords:

Criminal law
Accomplice direction
Whether adequate
Criminal law
Sentence
Possession of prohibited import
Commercial quantity of heroin
Whether sentence of 21 years imprisonment excessive
Aggravating circumstance of two previous like offences
Sentence reduced to 17 years imprisonment with non-parole period of 9 years 6 months.

Legislation:

Customs Act 1901 (Cth), s 233B(1)(ca), s 235(2)(c)

Case References:

Browne v Dunne (1894) 6 R 67
Davies v Director of Public Prosecutions [1954] AC 378
Doggett v The Queen (2001) 75 ALJR 1290
Jones v Dunkel (1959) 101 CLR 298
Kelleher v The Queen (1974) 131 CLR 534
Khan v The Queen [1971] WAR 44
Leeth v The Commonwealth (1992) 174 CLR 455
Longman v The Queen (1989) 168 CLR 79
Medina v The Queen (1990) 108 FLR 288
Miller v The Queen, unreported; SCt of WA; 23 December 1987
Quach v The Queen [1999] WASCA 210
R v Baskerville [1916] 2 KB 658
R v Ferrer-Esis (1991) 55 A Crim R 231
R v Foster and D'Anna (1992) 59 A Crim R 14
R v Kendrick (1997) 2 VR 699
R v Olbrich (1999) 199 CLR 270
R v Wong (1999) 108 A Crim R 531
Serrette v The Queen [2000] WASCA 405
Tripodi v The Queen (1961) 104 CLR 1
Voong v The Queen [2000] WASCA 220
Wong v The Queen [2001] HCA 64
Wong v The Queen [2001] WASCA 32

Asciak v The Queen [1990] WAR 120
Chew v The Queen (1991) 4 WAR 21
Doney v The Queen (1990) 171 CLR 207
Foo v The Queen, unreported; CCA SCt of WA; Library No 2434; 2 October 1978
Kook v The Queen [2001] NSWCCA 122
Krakouer v The Queen (1996) 16 WAR 1
Markovina v The Queen (1996) 16 WAR 354
R v Ah Hock Yeo [1995] QSCA 182
R v Barrientos [1999] NSWCCA 1
R v Cheng (1999) 73 SASR 502
R v Chung [2000] NSWCCA 153
R v GEC [2001] VSCA 146
R v He and Bun [2001] VSCA 58
R v Hoong (1994) 75 A Crim R 343
R v Hugo & Anor (2000) 113 A Crim R 484
R v Kovacs (2000) 111 A Crim R 374
R v Li (1998) 1 VR 637
R v Lopez (1993) 117 FLR 52
R v Morton (1987) 28 A Crim R 409
R v Storey (1998) 1 VR 359
R v Tee (1993) 71 A Crim R 181
R v Zakaria (1992) 62 A Crim R 259
R v Zapata [1996] VSCA 312

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Details
AGLC
Foo v the Queen [2001] WASCA 406
Case
[2001] WASCA 406
Decision Date

CaseChat Overview and Summary

The appeal by the applicant, Foo, against his conviction and sentence was heard in the High Court. Foo was convicted of possessing a commercial quantity of heroin and having previously committed similar offences. The primary issue before the court was whether the trial judge adequately directed the jury regarding the role of an accomplice in the commission of the crime. Additionally, the court had to determine if the 21-year sentence imposed on Foo was excessive, considering the gravity of the offence and the presence of aggravating circumstances.

In addressing the accomplice direction, the court found that the trial judge had sufficiently informed the jury about the legal requirements for establishing Foo's involvement as an accomplice. The judge's directions were considered comprehensive and aligned with the legal standards required. Regarding the sentence, the court acknowledged the severity of Foo's actions and his prior criminal history. However, it was determined that the original 21-year sentence was excessively harsh. The court reduced the sentence to 17 years imprisonment, with a non-parole period of 9 years and 6 months, reflecting a balance between punishment and deterrence.

The High Court dismissed Foo's appeal against his conviction, affirming the jury's decision. However, the appeal against the sentence was allowed, and the original sentence was substituted with a reduced term of 17 years imprisonment, with a non-parole period of 9 years and 6 months. This decision underscores the court's role in ensuring sentences are proportionate to the crimes committed while considering the broader context of the offender's history and the nature of the offence.

Orders

Orders of the court

Appeal against conviction dismissed

Leave to appeal against sentence granted

Sentence of 17 years imprisonment with a non-parole period of 9 years 6 months substituted

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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