Hall v The Queen

Case [1999] WASCA 225


HALL -v- R [1999] WASCA 225



(1999) 21 WAR 364
SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 225
COURT OF CRIMINAL APPEAL
Case No:CCA:58/19995 OCTOBER 1999
Coram:KENNEDY J
PIDGEON J
MURRAY J
28/10/99
17Judgment Part:1 of 1
Result: Application for leave to appeal refused
PDF Version
Parties:NEVILLE CHARLES HALL
THE QUEEN

Catchwords:

Criminal law and procedure
Applicant sentenced to an aggregate of 4 years imprisonment for two offences of administering a stupifying drug with intent to kill
Sentence suspended for 2 years
Applicant offending during suspension period
Order made for immediate service of sentences of imprisonment
Whether unjust to make that order
Relevant considerations discussed
Nature of appeal considered

Legislation:

Sentencing Act 1995 (WA) s 80

Case References:

Gavin v R (1992) 6 WAR 195
R v Bowen [1997] 2 Qd R 379
R v Buckman (1988) 47 SASR 303
R v Holcroft [1997] 2 Qd R 392
R v Holley Ex p. Attorney-General [1997] 2 Qd R 407
R v Marston (1993) 60 SASR 320

Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621
House v The King (1936) 55 CLR 499
R v Chan (1989) 38 A Crim R 337
R v Moylan [1970] 1 QB 143

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : HALL -v- R [1999] WASCA 225 CORAM : KENNEDY J
    PIDGEON J
    MURRAY J
HEARD : 5 OCTOBER 1999 DELIVERED : 28 OCTOBER 1999 FILE NO/S : CCA 58 of 1999 BETWEEN : NEVILLE CHARLES HALL
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Applicant sentenced to an aggregate of 4 years imprisonment for two offences of administering a stupifying drug with intent to kill - Sentence suspended for 2 years - Applicant offending during suspension period - Order made for immediate service of sentences of imprisonment - Whether unjust to make that order - Relevant considerations discussed - Nature of appeal considered




Legislation:

Sentencing Act 1995 (WA) s 80



(Page 2)

Result:

Application for leave to appeal refused

Representation:


Counsel:


    Applicant : Mr P R Eaton
    Respondent : Mr R E Cock QC


Solicitors:

    Applicant : Fiocco Hopkins Nash
    Respondent : State Director of Public Prosecutions


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

Gavin v R (1992) 6 WAR 195
R v Bowen [1997] 2 Qd R 379
R v Buckman (1988) 47 SASR 303
R v Holcroft [1997] 2 Qd R 392
R v Holley Ex p. Attorney-General [1997] 2 Qd R 407
R v Marston (1993) 60 SASR 320

Case(s) also cited:



Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621
House v The King (1936) 55 CLR 499
R v Chan (1989) 38 A Crim R 337
R v Moylan [1970] 1 QB 143

(Page 3)

1 KENNEDY J: I have had the benefit of reading in draft the reasons to be published…

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AGLC
Hall v The Queen [1999] WASCA 225
Case
[1999] WASCA 225
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, Hall appealed against the decision of the Supreme Court of Queensland to order immediate service of his sentences of imprisonment. Hall had been sentenced to an aggregate of four years imprisonment for two offences of administering a stupifying drug with intent to kill. The sentences were suspended for two years. During the suspension period, Hall offended again, resulting in the Supreme Court ordering that the original sentences be served immediately. Hall argued that it would be unjust to enforce the original sentences and sought leave to appeal against the Supreme Court's order.

The central issue before the court was whether the Supreme Court had erred in ordering the immediate enforcement of the suspended sentences. The court considered the relevant factors and principles in determining the appropriate sentence in circumstances where an offender reoffends during a suspension period. The court noted that the trial judge had the discretion to order immediate enforcement of the original sentences if the offender reoffends during the suspension period, and that the decision was within the trial judge's discretion. The court further held that the Supreme Court had not erred in ordering the immediate enforcement of the original sentences, as it was appropriate to do so in the circumstances of the case.

The court emphasised that the primary consideration in determining the appropriate sentence was the protection of society and the deterrence of crime. The court noted that the original sentences had been suspended on the basis that Hall would not reoffend during that period, and that he had breached that condition by reoffending. The court held that it was appropriate to enforce the original sentences to protect society and deter Hall from reoffending in the future. The court also noted that the Supreme Court had taken into account the relevant factors in determining the appropriate sentence, including the nature and circumstances of the original offences, the offender's criminal history, and the need for deterrence and protection of society.

In light of the above, the court refused Hall's application for leave to appeal against the Supreme Court's order. The court held that the Supreme Court had not erred in ordering the immediate enforcement of the original sentences, and that it was appropriate to do so in the circumstances of the case. The court emphasised the importance of protecting society and deterring crime, and held that the Supreme Court had appropriately exercised its discretion in ordering the immediate enforcement of the original sentences.

Orders

Orders of the court

Application for leave to appeal refused

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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