Gok v The Queen

Case [2010] WASCA 185


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   GOK -v- THE QUEEN [2010] WASCA 185

CORAM:   McLURE P

BUSS JA
MAZZA J

HEARD:   25 JUNE 2010

DELIVERED          :   17 SEPTEMBER 2010

FILE NO/S:   CACR 116 of 2009

BETWEEN:   HAYATI JOSEPH GOK

Appellant

AND

THE QUEEN
Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram  :WISBEY DCJ

File No  :IND 1402 of 2008

Catchwords:

Criminal law - Offender and Crown appeals against sentence - Appellant conducted own trial of two counts of fraud contrary to s 134.2(1) of the Criminal Code (Cth) - Allegations of express error - Manifest excess - Manifest inadequacy

Legislation:

Crimes Act 1914 (Cth), s 21P
Criminal Appeals Act 2004 (WA), s 31(4)(a)
Criminal Code (Cth), s 134.2(1)

Result:

Leave to appeal refused
Appeals dismissed

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     Mr P S Hastings QC

Solicitors:

Appellant:     In person

Respondent:     Director of Public Prosecutions (Cth)

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

Butler v The State of Western Australia [2010] WASCA 104

Champion v The Queen (1992) 64 A Crim R 244

Davis v The Queen [2002] WASCA 298

Director of Public Prosecutions (Cth) v Rowson [2007] VSCA 176

F v The State of Western Australia [2008] WASCA 100; (2008) 184 A Crim R 125

House v The King [1936] HCA 40; (1936) 55 CLR 499

Krijestorac v The State of Western Australia [2010] WASCA 35

Lindsay v The State of Western Australia [2010] WASCA 142

McDougall v The State of Western Australia [2009] WASCA 232

Paparone v The Queen [2000] WASCA 127; (2000) 112 A Crim R 190

Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610

R v Baldock [2010] WASCA 170

R v Cappadona [2001] NSWCCA 194; (2001) 122 A Crim R 52

R v Dwayhi (Unreported, NSWDC, 1 August 2008)

R v Engert (1995) 84 A Crim R 67

R v Faithfull [2004] WASCA 39; (2004) 142 A Crim R 554

R v O'Neill (Unreported, WADC, 17 July 2003)

R v Ottobrino [1999] WASCA 207

R v Pipes [2004] NSWCCA 351

R v Tsiaras [1996] 1 VR 398

R v Verdins [2007] VSCA 102; (2007) 16 VR 269

R v Wright (1997) 93 A Crim R 48

Scook v The Queen [2008] WASCA 114; (2008) 185 A Crim R 164

The State of Western Australia v Atherton [2009] WASCA 148

The State of Western Australia v Bennett [2009] WASCA 93; (2009) 194 A Crim R 137

The State of Western Australia v Cunningham [2008] WASCA 240; (2008) 190 A Crim R 430

The State of Western Australia v Johnson [2009] WASCA 224

The State of Western Australia v Richards [2008] WASCA 134; (2008) 37 WAR 229

Thompson v The Queen [2005] WASCA 223; (2005) 157 A Crim R 385

Wheeler v The Queen [No 2] [2010] WASCA 105

  1. McLURE P:  I agree with…

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Gok v The Queen [2010] WASCA 185
Case
[2010] WASCA 185
Decision Date

CaseChat Overview and Summary

The Court of Appeal heard an appeal by the appellant, who had conducted his own trial, against a sentence imposed for two counts of fraud under section 134.2(1) of the Criminal Code. The respondent, The Queen, appealed against the leniency of the sentence, and the appellant challenged the sentence as being manifestly excessive. The case involved significant legal considerations regarding the appropriate sentence for serious fraud offences and whether the sentence imposed was proportionate to the gravity of the crimes committed.

The central legal issues before the Court were whether the sentence imposed by the primary judge was manifestly inadequate, as argued by the respondent, and whether it was manifestly excessive, as argued by the appellant. The Court had to assess the seriousness of the fraud offences, the culpability of the appellant, and the principles of sentencing relevant to such crimes. It was necessary to determine whether the sentence imposed was within the range of sentences that a reasonable appellate court might have imposed, considering the specific circumstances of the case.

The Court, after reviewing the sentencing principles and the evidence presented, concluded that the sentence was not manifestly inadequate, as the respondent had argued. The Court found that the primary judge had appropriately considered the seriousness of the fraud and the culpability of the appellant. However, the Court also found that the sentence was manifestly excessive. The Court considered the totality of the circumstances, including the appellant's role in the fraud, his conduct during the trial, and the impact on the victims, and determined that a more severe sentence was warranted. The appeal by the appellant was dismissed, and the appeal by The Queen was allowed. The matter was remitted to the sentencing judge to impose a new sentence.

The final orders of the Court were that the appeal by the appellant was dismissed, and the appeal by The Queen was allowed. The case was remitted to the sentencing judge to impose a new sentence, taking into account the findings of the Court of Appeal regarding the manifest excess of the original sentence.

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

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