Headley v The Queen

Case [2004] WASCA 88


HEADLEY -v- THE QUEEN [2004] WASCA 88



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 88
COURT OF CRIMINAL APPEAL
Case No:CCA:152/20035 MARCH 2004
Coram:MALCOLM CJ
WHEELER J
MCKECHNIE J
11/05/04
15Judgment Part:1 of 1
Result: Application for leave to appeal dismissed
D
PDF Version
Parties:ANTHONY WILLIAM HEADLEY
THE QUEEN

Catchwords:

Criminal law and procedure
Sentencing
Drug offences
Parity in sentencing
Whether unwarranted disparity between 5 years for manufacturing amphetamine and 2 years for manufacturing and possession with intent
5­year sentence for manufacture of amphetamine within the appropriate range
Having regard to the respective roles of the offenders, no disparity made out
Criminal law and procedure
Sentencing
Drug offences
Personal circumstances of offender as a mitigating factor
Personal circumstances of offender taken into account in sentencing
Appeal dismissed
Criminal law
Sentencing
Drug offences
Totality
Whether a total sentence of 10 years is excessive where individual sentences are within the appropriate range
Total sentence of 10 years is proportionate to offender's criminal conduct

Legislation:

Misuse of Drugs Act 1981 (WA), ss 6(1)(a)(b)

Case References:

Abela v The Queen [2002] WASCA 279
Brittain v The Queen [2001] WASCA 92
Cabassi v The Queen [2000] WASCA 305
Lim v The Queen [1999] WASCA 296
R v Pallister [2002] WASCA 68
Worth v The Queen [2001] WASCA 303

Accini v The Queen [2001] WASCA 211
Brittain v The Queen [2001] WASCA 117
Cameron v The Queen [2000] WASCA 286
Crutch v The Queen [1999] WASCA 187
Herbert v The Queen [2003] WASCA 61
Jarvis v The Queen (1993) 20 WAR 201
Kezkiropoulos v The Queen [2002] WASCA 352
Lowndes v The Queen (1999) 195 CLR 665
Magee v The Queen [1980] WAR 117
Mill v The Queen (1988) 166 CLR 59
Postiglione v The Queen (1997) 189 CLR 295
Quach v The Queen [1999] WASCA 210
R v Bellissimo (1996) 84 A Crim R 465
R v Bowman (1993) 69 A Crim R 530
R v Clinch (1994) 72 A Crim R 301
R v Darwell (1997) 94 A Crim R 35
Watson v The Queen [2000] WASCA 119

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : HEADLEY -v- THE QUEEN [2004] WASCA 88 CORAM : MALCOLM CJ
    WHEELER J
    MCKECHNIE J
HEARD : 5 MARCH 2004 DELIVERED : 11 MAY 2004 FILE NO/S : CCA 152 of 2003 BETWEEN : ANTHONY WILLIAM HEADLEY
    Applicant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : HAMMOND CJDC

File Number : IND 1345 of 2003



Catchwords:

Criminal law and procedure - Sentencing - Drug offences - Parity in sentencing - Whether unwarranted disparity between 5 years for manufacturing amphetamine and 2 years for manufacturing and possession with intent - 5­year sentence for




(Page 2)

manufacture of amphetamine within the appropriate range - Having regard to the respective roles of the offenders, no disparity made out

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Headley v The Queen [2004] WASCA 88
Case
[2004] WASCA 88
Decision Date

CaseChat Overview and Summary

The case of Headley v The Queen was heard in the court of appeal. The appellant, Mr. Headley, was convicted of various drug offences and sentenced to a total of 10 years in prison. The primary issue in this appeal was whether the sentences imposed by the lower court were appropriate, particularly in relation to the disparity between sentences for similar offences and the overall length of the sentence. Mr. Headley argued that the sentence for manufacturing amphetamine was disproportionate, as it was significantly higher than the sentence for another individual who was convicted of both manufacturing and possessing the drug with intent to supply.

The court examined the legal principles relevant to sentencing, particularly the requirement for parity in sentencing and the consideration of the totality of an offender's criminal conduct. The court found that the sentences imposed by the lower court were within the appropriate range, taking into account the severity of the offences and the respective roles of the offenders. The court also considered the personal circumstances of Mr. Headley, which were acknowledged as mitigating factors, but ultimately concluded that these did not warrant a reduction in the overall sentence. The appeal was dismissed, with the court affirming that the totality of the 10-year sentence was proportionate to the appellant's criminal conduct.

Orders

Orders of the court

Application for leave to appeal 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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