Iskandar v The Queen

Case [2001] WASCA 409


ISKANDAR -v- THE QUEEN [2001] WASCA 409



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 409
COURT OF CRIMINAL APPEAL
Case No:CCA:122/20015 DECEMBER 2001
Coram:STEYTLER J
WHITE AUJ
OLSSON AUJ
20/12/01
12Judgment Part:1 of 1
Result: Appeal allowed
D
PDF Version
Parties:MIRA ISKANDAR
THE QUEEN

Catchwords:

Appeal against sentence
Importation of narcotics
Fast-track plea
Nine and a half years' imprisonment manifestly excessive
Appropriate sentence discount for fast­track plea
Assistance rendered and future promised assistance
Mitigating circumstances
Lesser sentence imposed

Legislation:

Crimes Act 1914 (Cth), s 21E
Customs Act 1901, s 233B

Case References:

"X" v The Queen [2000] WASCA 355
Breuer and Chaney v The Queen (1986) 32 A Crim R 1
Epiha v The Queen (1987) 32 A Crim R 12
Gallagher v The Queen (1991) 23 NSWLR 220
Hayes v The Queen [1981] WAR 252
Little v The Queen [2001] WASCA 87
Malvaso v The Queen (1989) 168 CLR 227
R v Breuer & Chaney (1986) 32 A Crim R 1
R v Epiha (1987) 32 A Crim R 12
R v Gallagher (1991) 23 NSWLR 220
R v Golding (1980) 24 SASR 161
R v Morgan (1996) 87 A Crim R 104
R v Smith (1987) 27 A Crim R 315
Radebe v The Queen [2001] WASCA 254

R v Anderson (1997) 92 A Crim R 348
Barany v The Queen [2000] WASCA 240
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
R v Duffy (1996) 85 A Crim R 456
R v Heryadi (1998) A Crim R 578
House v The Queen (1936) 55 CLR 499
R v Jones (1993) 70 A Crim R 449
Little v The Queen [2001] WASCA 87
Lowndes v The Queen (1999) 195 CLR 665
R v Oancea (1990) 51 A Crim R 141
R v Paunovic (1990) 51 A Crim R 174
Quach v The Queen [1999] WASCA 210
R v Cartwright (1989) 17 NSWLR 243
R v Dinic (1997) 149 ALR 488
R v Olbrich (1999) 199 CLR 270
R v Tait (1979) 24 ALR 473
R v Sinclair (1990) 51 A Crim R 418
R v Spagnolo (2000) 114 A Crim R 98
R v Verschuren (1996) 91 A Crim R 1

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : ISKANDAR -v- THE QUEEN [2001] WASCA 409 CORAM : STEYTLER J
    WHITE AUJ
    OLSSON AUJ
HEARD : 5 DECEMBER 2001 DELIVERED : 20 DECEMBER 2001 FILE NO/S : CCA 122 of 2001 BETWEEN : MIRA ISKANDAR
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Appeal against sentence - Importation of narcotics - Fast-track plea - Nine and a half years' imprisonment manifestly excessive - Appropriate sentence discount for fast­track plea - Assistance rendered and future promised assistance - Mitigating circumstances - Lesser sentence imposed




Legislation:

Crimes Act 1914 (Cth), s 21E


Customs Act 1901,…

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AGLC
Iskandar v The Queen [2001] WASCA 409
Case
[2001] WASCA 409
Decision Date

CaseChat Overview and Summary

The matter in Iskandar v The Queen involved an appeal against the sentence handed down to the appellant, Iskandar, who was found guilty of importing a large quantity of narcotics into Australia. The appeal was heard in the High Court of Australia, with the respondent being the Crown, represented by The Queen. Iskandar's legal team argued that the original sentence of nine and a half years' imprisonment was manifestly excessive, while the Crown maintained that the sentence was appropriate given the gravity of the offence.

The primary legal issue before the court was whether the original sentence was manifestly excessive and, if so, what the appropriate sentence discount for the fast-track plea should be. Additionally, the court considered whether the mitigating factors presented, such as the assistance rendered by the appellant and the future assistance promised, warranted a lesser sentence. The court also needed to determine if the appellant's personal circumstances and background warranted any consideration in determining the appropriate sentence.

In its judgment, the High Court found that the original sentence was indeed manifestly excessive. The court acknowledged the substantial discount that was applicable due to Iskandar's decision to enter a fast-track plea. Furthermore, the court took into account the assistance provided by Iskandar and the promise of future assistance, which it considered to be significant mitigating factors. The court also considered the appellant's personal circumstances and background in determining the appropriate sentence. As a result, the High Court allowed the appeal and imposed a lesser sentence on Iskandar, reflecting the appropriate discount for the fast-track plea and the mitigating factors presented.

Orders

Orders of the court

Appeal allowed

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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