IRELAND -v- THE QUEEN [2000] WASCA 312

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2000] WASCA 312
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:176/1999	Heard:	9 OCTOBER 2000
Coram:	KENNEDY J MURRAY J HEENAN J	Delivered:	25/10/00
No of pages:	6	Judgment Part:	1 of 1
Result:	Applications dismissed
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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

HEARD : 9 OCTOBER 2000 DELIVERED : 25 OCTOBER 2000 FILE NO/S : CCA 176 of 1999

CCA 184 of 1999

BETWEEN : MARK GRAEME IRELAND

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ireland v The Queen

Details

AGLC: Ireland v The Queen [2000] WASCA 312
Case: [2000] WASCA 312
Decision Date: 25 OCTOBER 2000

CaseChat Overview and Summary

The appellant, Ireland, applied for leave to appeal against his conviction and sentence for breaking and entering hotel premises, while armed with a crowbar, and assaulting two police officers. The appeal was dismissed by the High Court of Australia, which found that the applicant's convictions and sentences were just and appropriate. The applicant, who was on parole for robberies and other serious offences at the time of the incident, was sentenced to an effective term of four years' imprisonment, with eligibility for parole.

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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