Kauhanen v R

Case [1999] WASCA 14


KAUHANEN -v- R [1999] WASCA 14



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 14
COURT OF CRIMINAL APPEAL
Case No:CCA:133/199818 FEBRUARY 1999
Coram:MALCOLM CJ
PIDGEON J
ANDERSON J
26/05/99
50Judgment Part:1 of 1
Result: Appeal and cross-appeal dismissed
PDF Version
Parties:LEO TAPANI KAUHANEN
THE QUEEN
MICHELLE CLAIRE PERICLES

Catchwords:

Criminal law and procedure
Sentencing
Attempted defrauding of the Commonwealth
Appeal by male offender against total sentence of 3 years' imprisonment for five false claims for export development grants totalling $1,106,817
Sophisticated interstate scheme difficult to detect
Parity and totality
Female co-offender given suspended sentence
Distinguishing mitigatory features
No justifiable sense of grievance
Sentence not manifestly excessive
Criminal law and procedure
Sentencing
Crown appeal
Attempted defrauding of the Commonwealth
Total sentence of 3 years' imprisonment with 14 month pre-release period for male offender
Sophisticated interstate scheme difficult to detect
General and personal deterrence
Principles applicable
Sentence not manifestly inadequate
Criminal law and procedure
Sentencing
Crown appeal
Attempted defrauding of the Commonwealth
Suspended total sentence of 3 years' imprisonment for female offender
Sophisticated interstate scheme difficult to detect
General and personal deterrence
Principles applicable
Youth, previous good character, prospects of rehabilitation and offences resulting from influence of dominant male co-offender
Judicial clemency
Sentences not manifestly inadequate
Pearce v The Queen [1998] HCA 57
(1998) 72 ALJR 1416, applied
Postiglione v The Queen (1997) 189 CLR 295, applied
R v Liddington (1997) 18 WAR 394, discussed
R v Petterson [1984] WAR 329, applied

Legislation:

Export Markets Development Grants Act 1974 (Cth) s39(1)
Crimes Act 1914 (Cth) s16A(2)(c), s16B(a)
Criminal Code s688, s689

Case References:

Bugmy v The Queen (1990) 169 CLR 525
Catts (1996) 85 A Crim R 171
Clarke v The Queen [1996] 2 VR 520
Dickes (1983) 10 A Crim R 88
Everett & Phillips v The Queen (1994) 181 CLR 295
Greenburg (1993) 68 A Crim R 392
Griffiths v The Queen (1977) 137 CLR 293
Heryadi v The Queen, unreported; CCA SCt of WA; Library No 980113; 12 March 1998
Lee Vanit v The Queen (1997) 190 CLR 378
Leeth v The Queen (1992) 174 CLR 455
Lowe v The Queen (1984) 154 CLR 606
Malvoso v The Queen (1989) 168 CLR 227
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen [1998] HCA 57 at [45]; (1998) 72 ALJR 1416 at 1423-1424 [45]
Postiglione v The Queen (1997) 189 CLR 295
R v GP (1997) 18 WAR 196
R v Gray [1977] VR 225
R v Liddington (1997) 18 WAR 394
R v Petterson [1984] WAR 329
R v Ruggiero [1998] SASC 6989
R v Tait (1979) 46 FLR 386
Ritter v The Queen, unreported; CCA SCt of WA; Library No 6380; 5 August 1986
Savvas v The Queen (1995) 69 ALJR 564
Sheedy v The Queen, unreported; CCA SCt of WA; Library No 970120; 26 March 1997
Siganto v The Queen [1998] HCA 74; (1998)…

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Kauhanen v R [1999] WASCA 14
Case
[1999] WASCA 14
Decision Date

CaseChat Overview and Summary

The case of Kauhanen v R involved a male offender who appealed against his sentence of three years' imprisonment for making five false claims for export development grants, totalling $1,106,817. The offender had participated in a sophisticated interstate scheme that was difficult to detect. The Crown appealed against the leniency of the sentence. The case also involved a female co-offender who was given a suspended sentence for her involvement in the same scheme. The male offender argued that the sentence was manifestly excessive and that the sentencing judge had failed to properly consider the principles of parity and totality. The Crown argued that the sentence was manifestly inadequate and did not adequately reflect the seriousness of the offence.

The court considered the legal issues related to sentencing, including the principles of parity, totality, general and personal deterrence, and the mitigatory features of the offenders. The court found that the sentence was not manifestly excessive as it took into account the sophisticated nature of the scheme, the significant amount of money involved, and the offender's role in the scheme. The court also found that the female co-offender's sentence was not manifestly inadequate as it took into account her youth, previous good character, prospects of rehabilitation, and the influence of the dominant male co-offender. The court applied the principles set out in Pearce v The Queen, Postiglione v The Queen, and R v Petterson to determine the appropriate sentences.

The appeal and cross-appeal were dismissed, and the sentences were upheld. The court found that the sentences reflected the seriousness of the offences and were appropriate in the circumstances. The court also found that there was no justifiable sense of grievance in the sentences, and that the sentences were not manifestly excessive or inadequate. The case highlights the importance of considering the principles of sentencing and the specific circumstances of each case when determining an appropriate sentence.

Orders

Orders of the court

Appeal and cross-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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