KAROLIDES -v- THE QUEEN [2000] WASCA 330
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 330 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:213/1998 | 9 AUGUST 2000 | |
| Coram: | IPP J OWEN J HEENAN J | 3/11/00 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Application for extension of time granted Leave to appeal granted Appeal allowed | ||
| PDF Version |
| Parties: | PAUL CHRISTOPHER KAROLIDES THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing Assault by prisoner on prison officers Terms of one year and two years cumulative upon each other and upon current sentence 23-year-old offender serving 11-1/2 year sentence Six years yet to serve Offences forming one episode of rebellious conduct Totality principle |
Legislation: | Nil |
Case References: | Bowman v The Queen (1993) 69 A Crim R 530 Abbott & Ors v The Queen, unreported; CCA SCt of WA; Library No 7814; 1 September 1989 Cox v Whitehead & Ors [1999] WASCA 277 Cunningham v The Queen, unreported; CCA SCt of WA; Library No 4003; 4 December 1980 Dao v The Queen, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 Delacey v The Queen, unreported; CCA SCt of WA; Library No 7687; 31 May 1989 Dhu v Ward [2000] WASCA 140 Director of Public Prosecutions v Grabovac [1998] 1 VR 664 Farmer v The Queen, unreported; CCA SCt of WA; Library No 940075; 16 February 1994 Green v The Queen, unreported; CCA SCt of WA; Library No 950592; 8 November 1995 King v Power, unreported; CCA SCt of WA; Library No 930289; 27 May 1993 Lowndes v The Queen (1999) 195 CLR 665 Mill v The Queen (1988) 166 CLR 59 Paparone v The Queen [2000] WASCA 127 R v Lippiatt, unreported; CCA SCt of WA; Library No 980065; 17 February 1998 Schneidas v The Queen (No 1) (1981) 4 A Crim R 95 Spiteri v The Queen, unreported; CCA SCt of WA; Library No 930209; 8 April 1993 Symonds v The Queen, unreported; CCA SCt of WA; Library No 980616; 28 October 1998 Warrell v Kay (1995) 83 A Crim R 493 Yanko v The Queen, unreported; CCA SCt of WA; Library No 960030; 23 January 1996 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : KAROLIDES -v- THE QUEEN [2000] WASCA 330 CORAM : IPP J
- OWEN J
HEENAN J
- CCA 243 of 1999
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Assault by prisoner on prison officers - Terms of one year and two years cumulative upon each other and upon current sentence - 23-year-old offender serving 11-1/2 year sentence - Six years yet to serve - Offences forming one episode of rebellious conduct - Totality principle
Legislation:
Nil
(Page 2)
Result:
Application for extension of time granted
Leave to appeal granted
Appeal allowed
Representation:
Counsel:
Applicant…
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- AGLC
- Karolides v The Queen [2000] WASCA 330
- Case
- [2000] WASCA 330
- Decision Date
CaseChat Overview and Summary
The primary legal issue revolved around the application of the totality principle in sentencing. Specifically, the court had to decide whether the cumulative sentences should be served concurrently or consecutively to the current sentence, and if the totality principle could be invoked to mitigate the harshness of the cumulative sentences. The appellant argued that the sentences should be served concurrently to avoid exacerbating an already lengthy sentence, while the Crown contended that the cumulative nature of the sentences reflected the seriousness of the conduct.
In allowing the appeal, the court held that the totality principle should be applied in sentencing. The court recognised that the offences formed one episode of rebellious conduct and that the cumulative sentences should not exacerbate an already lengthy sentence. The court found that the sentences should run concurrently to the current sentence, thereby mitigating the overall term of imprisonment. The court concluded that the totality principle was applicable and that the cumulative sentences should be served concurrently to avoid imposing an unduly harsh sentence on the appellant.
Consequently, the court granted the application for an extension of time to file the notice of appeal and allowed the appeal. The sentences of one year and two years were ordered to run concurrently to the current sentence, resulting in an overall reduction in the term of imprisonment for the appellant.
Orders
Orders of the court
Application for extension of time granted
Leave to appeal granted
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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