JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: GLO -v- THE KING [2025] WASCA 49
CORAM: QUINLAN CJ
MAZZA JA
HALL JA
HEARD: 24 JULY 2024
DELIVERED : 8 APRIL 2025
FILE NO/S: CACR 124 of 2023
BETWEEN: GLO
Appellant
AND
THE KING
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram: CHRISTIAN DCJ
File Number : IND XXX of XXXX
Catchwords:
Criminal law - Appeal against sentence - Commonwealth drug offences - Importation of marketable quantity of border controlled drug (cocaine) - Whether discount for past cooperation manifestly inadequate - Whether sentencing judge erred when finding motivation for offending - Whether sentencing judge failed to have regard to mitigating factors - Whether sentencing judge erred in characterising appellant's role in offending - Whether sentence manifestly excessive
Legislation:
Crimes Act 1914 (Cth), s 16A(2)(h)
Criminal Code (Cth), s 307.2(1)
Result:
Leave to appeal on grounds 1 to 6 refused
Leave to appeal on ground 7 granted
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | G Janssen |
| Respondent | : | K Breckweg |
Solicitors:
| Appellant | : | Janssen + Maluga Legal Pty Ltd |
| Respondent | : | Director of Public Prosecutions (Cth) |
Case(s) referred to in decision(s):
Browne v The State of Western Australia [2024] WASCA 162
Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571
Cappis v The Queen [2015] NSWCCA 138
Cressel v The Queen [2021] NSWCCA 26
DGF v The Queen [2021] WASCA 4
Director of Public Prosecutions (Cth) v Merrill (a pseudonym) [2015] VSCA 52
Director of Public Prosecutions (Vic) v Terrick [2009] VSCA 220; (2009) 24 VR 457
El‑Ghourani v The Queen [2009] NSWCCA 140; (2009) 195 A Crim R 208
Gaskell v The State of Western Australia [2018] WASCA 8
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
HSV v The State of Western Australia [2020] WASCA 5; (2020) 281 A Crim R 147
Lau v The Queen [2011] VSCA 324
Le v The Queen [2006] NSWCCA 136
Martellotta v The Queen [2021] NSWCCA 168
Martinez v The Queen [2020] NSWCCA 250
Moore v The State of Western Australia [2006] WASCA 121
MXP v The State of Western Australia [2010] WASCA 215; (2010) 41 WAR 149
R v Gallagher (1991) 23 NSWLR 220
R v Gladkowski [2000] QCA 352; (2000) 115 A Crim R 446
R v Harris [2009] QCA 370
R v MHM [2023] WASCA 172
R v Ng [2012] WASCA 180
R v Verdins [2007] VSCA 102; (2007) 16 VR 269
SZ v The Queen [2007] NSWCCA 19; (2007) 168 A Crim R 249
The State of Western Australia v Tran [2008] WASCA 183
Vagh v The State of Western Australia [2007] WASCA 17
JUDGMENT OF THE COURT:
On 5 October 2023, the appellant was convicted on her plea of guilty…
Continue reading GLO v The King
Sign in free to access the full text
- AGLC
- GLO v The King [2025] WASCA 49
- Case
- [2025] WASCA 49
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentencing judge erred in determining the discount for past cooperation, in assessing the motivation for the offending, in failing to consider mitigating factors, in characterising the appellant's role in the offending, and whether the sentence was manifestly excessive. The appellant argued that the discount for past cooperation was inadequate and that the sentencing judge had failed to properly consider various mitigating factors, motivation, and the appellant's role in the offending.
The court found that the discount for past cooperation was not manifestly inadequate, as the sentencing judge had appropriately considered the appellant's cooperation and the nature of the offence. The court also determined that the sentencing judge had not erred in finding the motivation for the offending, as there was sufficient evidence to support the judge's conclusion. The court further held that the sentencing judge had not failed to consider mitigating factors, as the judge had taken into account the appellant's cooperation and other relevant factors. Finally, the court found that the sentencing judge had not erred in characterising the appellant's role in the offending, and that the sentence was not manifestly excessive. The appeal was dismissed, and the original sentence was upheld.
In light of the court's findings, the appeal was dismissed and the original sentence was upheld. The court found no errors in the sentencing process and determined that the sentence was appropriate given the circumstances of the case.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.