IRELAND -v- THE QUEEN [2000] WASCA 312
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 312 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:176/1999 | 9 OCTOBER 2000 | |
| Coram: | KENNEDY J MURRAY J HEENAN J | 25/10/00 | |
| 6 | Judgment Part: | 1 of 1 | |
| Result: | Applications dismissed | ||
| PDF Version |
| Parties: | MARK GRAEME IRELAND THE QUEEN |
Catchwords: | Criminal law and procedure Applications for leave to appeal against convictions and sentences Breaking and entering hotel premises Intruder armed with crowbar Assaulting two police officers Overwhelming case identifying applicant as offender Applicant on parole in respect of robberies and other serious offences Effective sentence of 4 years' imprisonment with eligibility for parole upheld |
Legislation: | Nil |
Case References: | Nil Edwards v The Queen [2000] WASCA 211 Hayward v The Queen [2000] WASCA 237 Hill v Bodenham [2000] WASCA 37 Kable v Director of Public Prosecutions (NSW) (1995) 36 NSWLR 374 Lowndes v The Queen (1999) 195 CLR 665 M v The Queen (1994) 181 CLR 487 Mullally v The Queen [2000] WASCA 26 Parker v Miller, unreported; FCt SCt of WA; Library No 980249; 8 May 1998 Pearce v The Queen (1998) 194 CLR 610 Pezzino v The Queen (1997) 92 A Crim R 135 R v The Parole Board; Ex parte Birnie [1988] WAR 249 S (A Child) v The Queen (1995) 12 WAR 392 Warrell v Kay (1995) 83 A Crim R 493 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : IRELAND -v- THE QUEEN [2000] WASCA 312 CORAM : KENNEDY J
- MURRAY J
HEENAN J
- CCA 184 of 1999
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Applications for leave to appeal against convictions and sentences - Breaking and entering hotel premises - Intruder armed with crowbar - Assaulting two police officers - Overwhelming case identifying applicant as offender - Applicant on parole in respect of robberies and other serious offences - Effective sentence of 4 years' imprisonment with eligibility for parole upheld
Legislation:
Nil
(Page 2)
Result:
Applications dismissed
Representation:
Counsel:
Applicant : In person
Respondent : Mr R E Cock QC
Solicitors:
Applicant : In person
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Nil
Case(s) also cited:
Edwards v The Queen [2000] WASCA 211
Hayward v The Queen [2000] WASCA 237
Hill v Bodenham [2000] WASCA 37
Kable v Director of Public Prosecutions (NSW) (1995) 36 NSWLR 374
Lowndes v The Queen (1999) 195 CLR 665
M v The Queen (1994) 181 CLR 487
Mullally v The Queen [2000] WASCA 26
Parker v Miller, unreported; FCt SCt of WA; Library No 980249; 8 May 1998
Pearce v The Queen (1998) 194 CLR 610
Pezzino v The Queen (1997) 92 A Crim R 135
R v The Parole Board; Ex parte Birnie [1988] WAR 249
S (A…
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- Ireland v The Queen [2000] WASCA 312
- Case
- [2000] WASCA 312
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CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed was manifestly excessive or inappropriate, given the nature of the offence and the applicant's criminal history. The court examined the circumstances of the offence, the applicant's criminal history, and the sentence imposed to determine if the sentence was just and appropriate. The court also considered whether the sentence was disproportionate to the crime committed, taking into account the applicant's previous convictions and the need for general deterrence.
The court found that the applicant's criminal history was extensive and involved serious offences, including robberies. The court considered the nature of the current offence, which involved breaking and entering hotel premises while armed with a crowbar and assaulting two police officers. The court determined that the sentence imposed was just and appropriate, given the circumstances of the offence and the applicant's criminal history. The court also found that the sentence was proportionate to the crime committed, taking into account the need for general deterrence and the need to protect the community. The court concluded that the sentence was not manifestly excessive or inappropriate and dismissed the application for leave to appeal.
Orders
Orders of the court
Applications 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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