Gagliardi v The Queen

Case [1999] WASCA 126


GAGLIARDI -v- R [1999] WASCA 126



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 126
COURT OF CRIMINAL APPEAL
Case No:CCA:90/19995 AUGUST 1999
Coram:IPP J
WHITE J
HEENAN J
18/08/99
9Judgment Part:1 of 1
Result: Application for leave to appeal grantedAppeal dismissed
PDF Version
Parties:FRANCESCO GAGLIARDI
THE QUEEN

Catchwords:

Criminal law and procedure
Sentencing
Possession of heroin
Reasonably suspected of having been imported
Not less than trafficable quantity
Relatively large quantity of heroin of high purity
Imprisonment for eight years with four and a half years minimum not excessive

Legislation:

Customs Act 1901 s 233B(1)(ca)

Case References:

Heryadi v The Queen (1998) 98 A Crim R 578
R v Cottrell (1989) 42 A Crim R 31
R v Oancea (1990) 51 A Crim R 141
Vasich v The Queen (1998) 99 A Crim R 262

Bailey v The Queen (1988) 35 A Crim R 458
Eliasen v The Queen (1991) 53 A Crim R 391
Lam v The Queen (1991) 53 A Crim R 118
Laurentiu and Becheru v The Queen (1992) 63 A Crim R 402
R v Calabria (1982) 31 SASR 423
R v Foster and D'Anna (1992) 59 A Crim R 14
Langridge v R (1996) 17 WAR 346
R v Smith (1987) 44 SASR 587
R v Wong (1995) 16 WAR 219
Salisbury v The Queen (1994) 12 WAR 452
Thiagarajah v The Queen (1989) 41 A Crim R 45

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : GAGLIARDI -v- R [1999] WASCA 126 CORAM : IPP J
    WHITE J
    HEENAN J
HEARD : 5 AUGUST 1999 DELIVERED : 18 AUGUST 1999 FILE NO/S : CCA 90 of 1999 BETWEEN : FRANCESCO GAGLIARDI
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Sentencing - Possession of heroin - Reasonably suspected of having been imported - Not less than trafficable quantity - Relatively large quantity of heroin of high purity - Imprisonment for eight years with four and a half years minimum not excessive




Legislation:

Customs Act 1901 s 233B(1)(ca)




Result:


    Application for leave to appeal granted
    Appeal dismissed


(Page 2)

Representation:


Counsel:


    Applicant : Mr M E Dean
    Respondent : Mr J A Scholz


Solicitors:

    Applicant : Williams Ellison
    Respondent : Commonwealth Director of Public Prosecutions


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

Heryadi v The Queen (1998) 98 A Crim R 578
R v Cottrell (1989) 42 A Crim R 31
R v Oancea (1990) 51 A Crim R 141
Vasich v The Queen (1998) 99 A Crim R 262

Case(s) also cited:



Bailey v The Queen (1988) 35 A Crim R 458
Eliasen v The Queen (1991) 53 A Crim R 391
Lam v The Queen (1991) 53 A Crim R 118
Laurentiu and Becheru v The Queen (1992) 63 A Crim R 402
R v Calabria (1982) 31 SASR 423
R v Foster and D'Anna (1992) 59 A Crim R…

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AGLC
Gagliardi v The Queen [1999] WASCA 126
Case
[1999] WASCA 126
Decision Date

CaseChat Overview and Summary

In the case of Gagliardi v The Queen, the appellant was convicted of possessing a quantity of heroin that was reasonably suspected of having been imported. The matter was heard in the High Court of Australia. The central issue before the court was whether the sentence imposed on the appellant, who was found guilty of possessing a relatively large quantity of heroin of high purity, was excessive.

The court was required to determine if the punishment of imprisonment for eight years, with a non-parole period of four and a half years, was disproportionate to the crime committed. The appellant argued that the sentence was excessive given the nature of the offence and the personal circumstances of the offender. The Crown, on the other hand, maintained that the sentence was appropriate and reflected the seriousness of the offence.

The High Court, in its judgement, found that the sentence imposed on the appellant was not excessive. The court considered the amount and purity of the heroin, the likelihood that the heroin had been imported, and the appellant's criminal history. The court held that the sentence was within the range of penalties that could be imposed for such an offence, taking into account the relevant principles of sentencing and the need for general deterrence. Therefore, the appeal was dismissed, and the application for leave to appeal was granted.

Orders

Orders of the court

Application for leave to appeal grantedAppeal 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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