R v Hodder
[2024] NZHC 459
Para 23
…ch adopted by this Court in cases such as Podirsky v The Queen ( supra ); Woods ( supra ); Jarvis ( supra ); Salisbury v The Queen (1994) 12 WAR 452; Hodder v The Queen (1995) 15 WAR 264; Sell v The Queen (1995) 15 WAR 240 (sexual offences); Krakouer v The Queen (1996) 16 WAR 1; Mankovina v The Queen (No 2) (1997) 19 WAR 11…
Magee v The King
[2023] VSCA 80
…rary No 940439; 12 July 1994 Little v The Queen, unreported; CCA SCt of WA; Library No 970041; 3 February 1997 Lowndes v The Queen (1999) 195 CLR 665 Magee v The Queen (1980) WAR 117 Mankovina v The Queen (No 2) (1997) 19 WAR 119 McL v The Queen (2000) 74 ALJR 1319 Mesiti v The Queen [1999] WASCA 76 Mickelberg (1984) 13 A…
R v Miles
[2016] NZHC 611
Para 23
…Queen (1996) 16 WAR 1; Mankovina v The Queen (No 2) (1997) 19 WAR 119; and Heryardi v The Queen (1998) 19 WAR 383 (drug offences); Miles v The Queen (1997) 17 WAR 518; Roser v The Queen (2001) 24 WAR 254 (armed robbery).…
R v Place
[2015] SASCFC 163
Para 13
…ations for Western Australian courts of the decision of the High Court in Wong v The Queen (2001) 185 ALR 233. This issue was considered in R v Place (2002) 189 ALR 431 by the Court of Criminal Appeal of South Australia early in 2002 by a bench of five Judges, namely, Doyle CJ, Prior, Lander, Martin and Gray JJ. The…
Salisbury v The Queen
[2011] VSCA 366
Para 23
…ent with the approach adopted by this Court in cases such as Podirsky v The Queen ( supra ); Woods ( supra ); Jarvis ( supra ); Salisbury v The Queen (1994) 12 WAR 452; Hodder v The Queen (1995) 15 WAR 264; Sell v The Queen (1995) 15 WAR 240 (sexual offences); Krakouer v The Queen (1996) 16 WAR 1; Mankovina v The Qu…
Larsen v The Queen
[2011] VSCA 325
Para 8
…the sentence imposed on the offender must bear a proper relationship to the overall criminality involved in the various offences being dealt with": Larsen v The Queen (1989) 44 A Crim R 121 per Badgery-Parker J at 125. See also R v Todd [1982] 2 NSWLR 517 per Street CJ at 519 - 520; Mill v The Queen (1988) 166 CLR 59 at 63.…
Rafferty v The Queen
[2002] WASCA 312
Para 2
…es in the superior courts than if the charges had remained in the Court of Petty Sessions. These same arguments were advanced in Rafferty v The Queen [2002] WASCA 312 and were rejected by this Court for reasons explained by Murray J at [18].…
Dixon v Scott
[2002] WASCA 280
…eported; CCA SCt of WA; Library No 940321; 1 March 1994 De Luce v The Queen, unreported; CCA SCt of WA; Library No 960375; 19 July 1996 Dixon v Scott [2002] WASCA 280 Evangelista v The Queen, unreported, CCA SCt of WA; Library No 920051; 30 January 1992 Fisher v The Queen [1999] WASCA 122 Gordon (1994) 71 A Crim R…
Abela v The Queen
[2002] WASCA 279
Para 9
…In Abela v The Queen [2002] WASCA 279, the applicant had been convicted on his plea of guilty and sentenced on six counts of manufacturing a prohibited drug. Concurrent sentences of 7 years were imposed for each of the six offences. On appeal, the sentences were varied. The applicant had relied on Jarvis ( supra ),…
Cameron v The Queen
[2002] WASCA 81
…Cameron v The Queen [2002] WASCA 81 Comstive v Van Lierop and Babich [1999] WASCA 288 Hayes v The Queen [2002] WASCA 56 Haylock v The Queen [2000] WASCA 287 McKenna v The Queen (1992) 7 WAR 455 Murphy v The Queen, unreported; CCA SCt of WA; Library No 990126, 9 February 1999…
Hayes v The Queen
[2002] WASCA 56
…Cameron v The Queen [2002] WASCA 81 Comstive v Van Lierop and Babich [1999] WASCA 288 Hayes v The Queen [2002] WASCA 56 Haylock v The Queen [2000] WASCA 287 McKenna v The Queen (1992) 7 WAR 455 Murphy v The Queen, unreported; CCA SCt of WA; Library No 990126, 9 February 1999…
Ricciardello v The Queen
[2001] WASCA 416
Para 7
…In Ricciardello v The Queen [2001] WASCA 416, the appellant was sentenced to imprisonment for 4 years for robbery with violence, 5 years concurrent for deprivation of liberty (kidnapping) and 7 years 9 months cumulative upon a sentence already being served, making a total of 13 years and 9 months without parole. Th…
Wong v The Queen
[2001] HCA 64
Para 13
…n this context, it is also necessary to consider the implications for Western Australian courts of the decision of the High Court in Wong v The Queen (2001) 185 ALR 233. This issue was considered in R v Place (2002) 189 ALR 431 by the Court of Criminal Appeal of South Australia early in 2002 by a bench of five Judges…
Ugle v The Queen
[2001] WASCA 268
Para 6
…In Ugle v The Queen [2001] WASCA 268, the relevant passage in the judgment of Ipp J in Jarvis ( supra ) was applied in my judgment (with whom Steytler J and Burchett AUJ agreed) at [44] – [45].…
Boudville v The Queen
[2001] WASCA 133
Para 4
…In Boudville v The Queen [2001] WASCA 133 in my judgment (with which Wallwork and Murray JJ agreed) at [31] it was noted with approval that: "The learned Judge approached the sentencing task on the basis that the sentences imposed should be proportionate to the degree of criminality involved taking into account tha…
Blight v The Queen
[2001] WASCA 122
Para 3
…In Blight v The Queen [2001] WASCA 122, Kennedy J (with whom Wallwork and Murray JJ agreed) concluded at [108] that no error in the approach adopted by the sentencing Judge had been identified. That approach included the following as stated by Kennedy J at [106] – [107] namely: "[106]Her Honour acknowledged that th…
Moro v The Queen
[2001] WASCA 44
…v The Queen [1999] WASCA 76 Mickelberg (1984) 13 A Crim R 365 Miles v The Queen (1997) 17 WAR 518 Mill v The Queen (1988) 166 CLR 59 Moro v The Queen [2001] WASCA 44 Moyse (1988) 38 A Crim R 169 Neal v The Queen (1982) 149 CLR 305 Pearce v The Queen (1998) 194 CLR 610 Podirsky v The Queen (1990) 3 WAR 128 Pop v Th…
R v Quartermaine
[2000] WASCA 341
Para 2
…In R v Quartermaine [2000] WASCA 341, Wheeler J (with whom Kennedy J agreed) referred to Jarvis ( supra ) and commented at [31] that in the context of the totality principle: "… it is necessary to bear in mind that the burden of a sentence of imprisonment increases exponentially as the length increases. For that re…
Haylock v The Queen
[2000] WASCA 287
…Cameron v The Queen [2002] WASCA 81 Comstive v Van Lierop and Babich [1999] WASCA 288 Hayes v The Queen [2002] WASCA 56 Haylock v The Queen [2000] WASCA 287 McKenna v The Queen (1992) 7 WAR 455 Murphy v The Queen, unreported; CCA SCt of WA; Library No 990126, 9 February 1999…
Pop v The Queen
[2000] WASCA 283
Para 24
…In Pop v The Queen [2000] WASCA 283 at [26] the relevant statement of Ipp J in Jarvis ( supra ) regarding the exponentiality point was applied by Wallwork J. In that case, a point arose whether it was open to a sentencing Judge to treat the circumstance of an offence committed by an offender while on bail as an agg…
R H McL v The Queen
[2000] HCA 46
Para 8
…2 Cr App R(S) 229; R v Millen (1980) 2 Cr App R(S) 357; R v Stevens (1997) 2 Cr App R(S) 180; R v Brown [1999] 1 Cr App R(S) 47, and McL v The Queen (2000) 74 ALJR 1319 at [14] – [21] per Gleeson CJ, Gaudron and Callinan JJ…
Rose v The Queen
[2000] WASCA 238
…ted; CCA SCt of WA; Library No 980587, 9 October 1998 Robson v The Queen, unreported; CCA SCt of WA; Library No 940377; 28 July 1994 Rose v The Queen [2000] WASCA 238 Roser v The Queen (2001) 24 WAR 254 Salisbury v The Queen (1994) 12 WAR 452 Scott and Massey v The Queen, unreported; CCA SCt of WA; Library No 99000…
D v The Queen
[2000] WASCA 137
Para 23
…In "D" v The Queen [2000] WASCA 137, the appellant had been sentenced for a number of sexual offences. One of the grounds of appeal was that the sentencing Judge had misapplied the totality principle. Miller J (with whom Pidgeon and Wallwork JJ agreed) referred at [9] to the review of the cases by Anderson J in Woo…
Miles v The Queen
[2000] HCATrans 120
Para 23
…s); Krakouer v The Queen (1996) 16 WAR 1; Mankovina v The Queen (No 2) (1997) 19 WAR 119; and Heryardi v The Queen (1998) 19 WAR 383 (drug offences); Miles v The Queen (1997) 17 WAR 518; Roser v The Queen (2001) 24 WAR 254 (armed robbery).…
COMSTIVE v Lierop
[1999] WASCA 288
…Cameron v The Queen [2002] WASCA 81 Comstive v Van Lierop and Babich [1999] WASCA 288 Hayes v The Queen [2002] WASCA 56 Haylock v The Queen [2000] WASCA 287 McKenna v The Queen (1992) 7 WAR 455 Murphy v The Queen, unreported; CCA SCt of WA; Library No 990126, 9 February 1999…
Fisher v The Queen
[1999] WASCA 122
…19 July 1996 Dixon v Scott [2002] WASCA 280 Evangelista v The Queen, unreported, CCA SCt of WA; Library No 920051; 30 January 1992 Fisher v The Queen [1999] WASCA 122 Gordon (1994) 71 A Crim R 459 Greenburg (1993) 68 A Crim R 392 Heferen v The Queen [1999] WASCA 81 Heryardi v The Queen (1998) 19 WAR 383 Hodder v Th…
Mesiti v The Queen
[1999] WASCA 76
Para 21
…A month later in Mesiti v The Queen [1999] WASCA 76, the Court of Criminal Appeal (Malcolm CJ, Ipp and Steytler JJ) again applied Jarvis ( supra ). Ipp J (with whom the other members of the Court agreed) repeated the "exponentially" point at [36] saying: "Thus the sentence of 9 years imposed on Cofaro should prope…
Heferen v The Queen
[1999] WASCA 81
Para 1
…of the offence. In this context, I agree with the comments made by Anderson J, including, in particular, what his Honour said in Heferen v The Queen [1999] WASCA 81 at [35] regarding the duty of the courts to give effect to the legislative policy behind the amendments to the Criminal Code .…
Wegner v The Queen
[1999] WASCA 26
Para 20
…In Wegner v The Queen [1999] WASCA 26 in a joint judgment, Kennedy, Ipp and Wallwork JJ held that the sentencing Judge had failed to apply the totality principle and at [13] cited with approval the passage in the judgment of Ipp J in Jarvis, ( supra ), at 10 that "the severity of a term of imprisonment increases e…
Markovina v The Queen
[1998] HCATrans 326
Para 23
…The Queen (1995) 15 WAR 264; Sell v The Queen (1995) 15 WAR 240 (sexual offences); Krakouer v The Queen (1996) 16 WAR 1; Mankovina v The Queen (No 2) (1997) 19 WAR 119; and Heryardi v The Queen (1998) 19 WAR 383 (drug offences); Miles v The Queen (1997) 17 WAR 518; Roser v The Queen (2001) 24 WAR 254 (armed robbery)…
Pearce v The Queen
[1998] HCA 57
Para 1
…In the meantime, in Pearce v The Queen (1998) 194 CLR 610, in a judgment published on 10 September 1995 McHugh, Hayne and Callinan JJ said at [43] – [45]: "43.The trial Judge sentenced the appellant to identical terms of imprisonment on counts 9 and 10 and made those sentences wholly concurrent. We can only conclude that th…
Krakouer v The Queen
[1998] HCA 43
Para 23
…arvis ( supra ); Salisbury v The Queen (1994) 12 WAR 452; Hodder v The Queen (1995) 15 WAR 264; Sell v The Queen (1995) 15 WAR 240 (sexual offences); Krakouer v The Queen (1996) 16 WAR 1; Mankovina v The Queen (No 2) (1997) 19 WAR 119; and Heryardi v The Queen (1998) 19 WAR 383 (drug offences); Miles v The Queen (1997) 17 WAR…
Mill v The Queen
[1988] HCA 70
Para 4
…years imposed in that case, when looked at in isolation, fell within an acceptable range. Secondly, at 205 his Honour noted that in Mill v The Queen (1988) 166 CLR 59 at 62 ‑ 63 the High Court (Wilson, Deane, Dawson, Toohey and Gaudron JJ) upheld the description of the totality principle in Thomas, Principles of Se…
Veen v The Queen (No 2)
[1988] HCA 14
Para 1
…punishment is being imposed for multiple offences) should fairly and justly reflect the total criminality of the offender's conduct: Veen v R (No 2) (1988) 164 CLR 465; Evangelista and Laporte , unreported; CCA SCt of WA; Library No 920051; 30 January 1992) v R ; R v Glenister [1980] 2 NSWLR 597 at 612; Lade v Mamar…
Neal v The Queen
[1982] HCA 55
Para 9
…CA SCt of WA; Library No 940137; 17 March 1994; Stanton v The Queen , unreported; CCA SCt of WA; Library No 920298; 28 May 1992; Neal v The Queen (1982) 149 CLR 305; Steels v The Queen , unreported; CCA SCt of WA; Library No 930306; 27 May 1993; Bowdidge v The Queen , unreported; CCA SCt of WA; Library No 920191; 3 A…
CA No 324 and CA No 338, 17 July 2001, considered R v Ezzy
[1995] QCA 97
Para 23
…e Queen ( supra ); Woods ( supra ); Jarvis ( supra ); Salisbury v The Queen (1994) 12 WAR 452; Hodder v The Queen (1995) 15 WAR 264; Sell v The Queen (1995) 15 WAR 240 (sexual offences); Krakouer v The Queen (1996) 16 WAR 1; Mankovina v The Queen (No 2) (1997) 19 WAR 119; and Heryardi v The Queen (1998) 19 WAR 383 (…
Police v Cadd
[1997] SASC 6187
Para 21
…guideline under consideration, Gaudron, Gummow and Hayne JJ compared what was said by the majority of the Full Court of this state in Police v Cadd (1997) 69 SASR 150. In Cadd the Full Court gave authoritative guidance to magistrates about the type of punishment that should ordinarily be imposed by magistrates when s…
Lowndes v The Queen
[1999] HCA 299
Para 6
…one in respect of which this Court should recognise the peculiar discretion which resided in the learned trial Judge. It was put by the High Court in Lowndes v The Queen (1999) 195 CLR 665 at 671 ‑ 2 as follows: "The principles according to which an appellate court may interfere with such a discretionary judgment by a senten…
Vilai v The Queen
[1999] WASCA 275
Para 22
…The relevant passage in Jarvis ( supra ) was applied in Vilai v The Queen [1999] WASCA 275 by Murray J (with whom Kennedy J agreed) at [12]. Pidgeon J dissented. His Honour said, however, at [5]: "It was made clear in Jarvis v R (1998) 20 WAR 201 that the totality of a sentence must be proportionate to the totality…
Nguyen v R
[1999] WASCA 54
Para 9
…e when the offences are committed, should be firmed up: Pezzino (1997) 92 A Crim R 135 per Franklyn J at 138; and per White J at 148; Nguyen and Tran [1999] WASCA 54 per Kennedy J at [11]; and Heferen (1999) 106 A Crim R 89 at 97‑98 [35] per Anderson J. Parliament recently singled out the offence for special treat…
Roser v The Queen
[2001] WASCA 190
Para 23
…he Queen (No 2) (1997) 19 WAR 119; and Heryardi v The Queen (1998) 19 WAR 383 (drug offences); Miles v The Queen (1997) 17 WAR 518; Roser v The Queen (2001) 24 WAR 254 (armed robbery).…
[1989] 3 NZLR 47
[1989] 3 NZLR 47
Para 6
…In R v Stickland [1989] 3 NZLR 47 at 50, the Court of Appeal of New Zealand adopted and applied the approach of the High Court in Mill ( supra ), including the requirement that a Court having imposed a series of appropriate sentences for each offence, separately considered, whether a series of cumulative sentences…
[1979] 2 NZLR 262
[1979] 2 NZLR 262
Para 5
…In R v Bradley [1979] 2 NZLR 262 at 263, the Court of Appeal of New Zealand held that cumulative sentences should not result in an aggregate term wholly out of proportion with the gravity of the offences when viewed as a whole. This implies that the severity of a combination of individually appropriate sentences for…
[1769] 4 Burr 2527
[1769] 4 Burr 2527
Para 20
…s to have been felt over the question of the validity of consecutive prison sentences, although they were upheld in the 18th Century ( R v Wilkes [1769] 4 Burr 2527 at page 2577). Thus Lord Halsbury once said: "What earthly right has a judge to say 'You shall be sentenced to 7 years penal servitude, the sentence to b…
Jarvis v The Queen
(1993) 20 WAR 201
Para 1
…In this context, reliance was placed upon the totality principle and, in particular, a passage in the judgment of Ipp J in Jarvis v The Queen (1998) 20 WAR 201 at 207 where his Honour said: "While the subjective effect of a cumulative sentence upon a particular individual is plainly relevant, it cannot be regarded a…