HINTZ -v- THE QUEEN [2002] WASCA 38
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASCA 38 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:262/2000 | 6 FEBRUARY 2002 | |
| Coram: | WALLWORK J ANDERSON J STEYTLER J | 7/03/02 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| A | |||
| PDF Version |
| Parties: | DAVID GRAEME HINTZ THE QUEEN |
Catchwords: | Criminal law Sentencing Burglary of commercial premises Male aged 22 with bad record 4 years with parole eligibility not manifestly excessive Criminal law Sentencing Parole Order for part-cumulation Effect of order on head sentence Effect of order on non-parole period Limits on extent of cumulation that may be ordered |
Legislation: | Sentencing Act 1995 (WA), s 88(3)(d), s 88(4), s 93(1), s 94(3) |
Case References: | R v Duff [1999] WASC 124 Hayward v The Queen [2000] WASCA 237 Jarvis v The Queen (1993) 20 WAR 201 Lowndes v The Queen (1999) 195 CLR 665 Nevermann (1989) 43 A Crim R 347 R v Duff [1999] WASC 124 R v VC (A Child), unreported; CCA SCt of WA; Library No 990142; 23 March 1999 R v Ward [1999] WASCA 157 Taylor v The Queen, unreported; CCA SCt of WA; Library No 990091; 16 February |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : HINTZ -v- THE QUEEN [2002] WASCA 38 CORAM : WALLWORK J
- ANDERSON J
STEYTLER J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law - Sentencing - Burglary of commercial premises - Male aged 22 with bad record - 4 years with parole eligibility not manifestly excessive
Criminal law - Sentencing - Parole - Order for part-cumulation - Effect of order on head sentence - Effect of order on non-parole period - Limits on extent of cumulation that may be ordered
Legislation:
Sentencing Act1995 (WA), s 88(3)(d), s 88(4), s 93(1), s 94(3)
(Page 2)
Result:
Appeal dismissed
Category: A
Representation:
Counsel:
Applicant : Ms J T Fisher
Respondent : Mr D Dempster
Solicitors:
Applicant : Justine Fisher
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
R v Duff [1999] WASC 124
Case(s) also cited:
Hayward v The Queen [2000] WASCA 237
Jarvis v The Queen (1993) 20 WAR 201
Lowndes v The Queen (1999) 195 CLR 665
Nevermann (1989) 43 A Crim R 347
R v Duff [1999] WASC 124
R v VC (A Child), unreported; CCA SCt of WA; Library No 990142; 23 March 1999
R v Ward [1999] WASCA 157
Taylor v The Queen, unreported; CCA SCt of WA; Library No 990091; 16 February
(Page 3)
1 WALLWORK J: I agree with the reasons for judgment of Anderson J. There is nothing I wish to add.
2 ANDERSON J: This is an application for an extension of time for leave to appeal against sentence and for leave…
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- Hintz v The Queen [2002] WASCA 38
- Case
- [2002] WASCA 38
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CaseChat Overview and Summary
The appellant, Hintz, appealed against his sentence for burglary of commercial premises. The case was heard in the High Court of Australia. Hintz, a 22-year-old with a history of criminal activity, had been sentenced to a term of imprisonment of four years with parole eligibility after serving one year. Hintz argued that the sentence was manifestly excessive and that the order for part-cumulation in relation to parole eligibility was unlawful.
The court examined whether the sentence was manifestly excessive and whether the order for part-cumulation in relation to parole eligibility was lawful. The court considered the seriousness of the offence, the appellant's criminal history, and the need for deterrence and rehabilitation. The court held that the sentence was not manifestly excessive and that the order for part-cumulation was lawful. The court found that the order for part-cumulation did not affect the head sentence or the non-parole period, and that the limits on the extent of cumulation that may be ordered were not breached.
The High Court dismissed the appeal. The court found that the sentence was not manifestly excessive and that the order for part-cumulation was lawful. The court held that the order for part-cumulation did not affect the head sentence or the non-parole period, and that the limits on the extent of cumulation that may be ordered were not breached. The appeal was dismissed, and the original sentence stood.
The court examined whether the sentence was manifestly excessive and whether the order for part-cumulation in relation to parole eligibility was lawful. The court considered the seriousness of the offence, the appellant's criminal history, and the need for deterrence and rehabilitation. The court held that the sentence was not manifestly excessive and that the order for part-cumulation was lawful. The court found that the order for part-cumulation did not affect the head sentence or the non-parole period, and that the limits on the extent of cumulation that may be ordered were not breached.
The High Court dismissed the appeal. The court found that the sentence was not manifestly excessive and that the order for part-cumulation was lawful. The court held that the order for part-cumulation did not affect the head sentence or the non-parole period, and that the limits on the extent of cumulation that may be ordered were not breached. The appeal was dismissed, and the original sentence stood.
Orders
Orders of the court
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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