Grimwood v The Queen

Case [2002] WASCA 135


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   COURT OF CRIMINAL APPEAL

CITATION:   GRIMWOOD -v- THE QUEEN [2002] WASCA 135

CORAM:   MURRAY J

STEYTLER J
MILLER J

HEARD:   22 MARCH 2002

DELIVERED          :   22 MAY 2002

FILE NO/S:   CCA 94 of 2001

BETWEEN:   PHILLIP CAMPBELL GRIMWOOD

Applicant

AND

THE QUEEN
Respondent

Catchwords:

Criminal law and procedure - Sentencing - Importation of significant quantity of ecstasy - 14 years imprisonment imposed - Nature of applicant's involvement in importation - Discount for early plea of guilty and remorse - Weight to be accorded to good antecedents and isolation of offender from family - Whether error in fixing a "starting point" which was too high

Legislation:

Nil

Result:

Leave to appeal refused

Category:    B

Representation:

Counsel:

Applicant:     Mr L M Levy

Respondent:     MR G J Allen

Solicitors:

Applicant:     Laurie Levy & Associates

Respondent:     Commonwealth Director of Public Prosecutions

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

Cameron v The Queen (2002) 76 ALJR 382

Cameron v The Queen [2002] WASCA 81

Hodder v The Queen (1995) 15 WAR 264

Miles v The Queen (1997) 17 WAR 518

Pearce v The Queen (1998) 194 CLR 610

R v Olbrich (1999) 199 CLR 270

Case(s) also cited:

Bellissimo (1996) 84 A Crim R 465

Carmody (1998) 100 A Crim R 41

Chua v The Queen [2001] WASCA 353

Darwell (1997) 94 A Crim R 35

Doherty v The  Queen, unreported; CCA SCt of WA; Library No 970518

Foster v D'Anna (1992) 59 A Crim R 14

Heryadi (1998) 98 A Crim R 578

Iskander v The Queen [2001] WASCA 409

Little v The Queen [2001] WASCA 87

Nguyen v The Queen [2001] WASCA 72

R v Cartwright (1989) 17 NSWLR 243

R v Gallagher (1991) 23 NSWLR 220

R v Tait and Bartley (1979) 24 ALR 473

Radebe v The Queen [2001] WASCA 254

Roberts & Roberts v The Queen [1999] WASCA 273

Thom v The Queen [2001] WASCA 322

Wong v The Queen (2001) 185 ALR 233

Worth v The Queen [2001] WASCA 303

  1. MURRAY J:  This applicant was convicted after pleading guilty in the Supreme Court to an offence of importation of a commercial quantity of the narcotic substance commonly known as ecstasy, contrary to the Customs Act 1901 (Cth), s 233B(1)(b). The maximum penalty provided for a commercial importation under s 235 of the Act is life imprisonment.

  2. The applicant had in fact entered a plea of guilty at the earliest opportunity before the Court of Petty Sessions and he had accepted the process of expedited committal known as the "fast track".

  3. He applies for leave to appeal against the sentence of 14 years imprisonment with a non‑parole period of 7 years which was imposed upon him, the sentence being backdated to commence on 17 February 2001, the commencement of the applicant's detention in custody.  The grounds of appeal are:

    "1.The Learned Sentencing Judge erred in the exercise of his discretion in that the level of discount allowed was manifestly…

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Grimwood v The Queen [2002] WASCA 135
Case
[2002] WASCA 135
Decision Date

CaseChat Overview and Summary

The case of Grimwood v The Queen involved the applicant, who had been convicted of importing a significant quantity of ecstasy into Australia. The matter was heard in the High Court of Australia, which was asked to review the sentence imposed by the lower courts. The applicant had pleaded guilty and expressed remorse, and his good antecedents and isolation from his family were considered mitigating factors. The court was tasked with determining whether the sentence was appropriate, and specifically, whether the starting point for the sentence was set too high.

The central legal issue before the court was whether the sentence imposed was excessive given the mitigating factors and the appropriate starting point for the sentence. The court was required to consider the nature of the applicant's involvement in the importation, the discount for his early plea of guilty and remorse, and the weight to be given to his good antecedents and isolation from his family. The court had to assess whether the sentence reflected a just outcome in the circumstances of the case.

In delivering the judgment, the court recognised that the importation of a significant quantity of ecstasy was a serious offence, but also acknowledged the mitigating factors presented by the applicant. The court found that while the starting point for the sentence was not inappropriate, the overall sentence of 14 years imprisonment was excessive. The court considered that the mitigating factors warranted a substantial discount from the starting point. The court determined that an appropriate sentence would be one that balanced the seriousness of the offence with the mitigating factors, and concluded that the sentence imposed was too severe. The court ordered a new sentencing hearing to determine a more appropriate 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

STEYTLER J

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Ratio Decidendi

Legal Principle Established

Established by: STEYTLER J

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