Kezkiropoulos v The Queen

Case [2002] WASCA 352


KEZKIROPOULOS -v- THE QUEEN [2002] WASCA 352



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 352
COURT OF CRIMINAL APPEAL
Case No:CCA:58/20023 DECEMBER 2002
Coram:MALCOLM CJ
STEYTLER J
OLSSON AUJ
16/12/02
17Judgment Part:1 of 1
Result: Application for leave dismissed
B
PDF Version
Parties:PETER KEZKIROPOULOS
THE QUEEN

Catchwords:

Criminal law
Sentence
Drug courier
Guilty plea shortly before trial
Inferences as to accused's knowledge given the circumstances of the offence and his possession of large sum of money
Relevance of good antecedents in this type of drug offence
Sentencing discount for guilty plea
Extent to which, realistically, guilty plea indicative of remorse as contrasted with mere recognition of inevitability of conviction

Legislation:

Misuse of Drugs Act 1981 (WA), s 6(1), s 34(1)(a)

Case References:

Chick v The Queen [2000] WASCA 231
Festus v The Queen [2002] WASCA 25
Lowndes v The Queen (1999) 195 CLR 665
Marker v The Queen [2002] WASCA 282
Miller v The Queen [1999] WASCA 66
R v Votano [2000] WASCA 144
Radebe v The Queen [2001] WASCA 254
Siganto v The Queen (1998) 194 CLR 656
Wong v The Queen (2001) 185 ALR 233; (2001) HCA 64

Cameron v The Queen (2002) 187 ALR 65
Lim v The Queen [1999] WASCA 296
Lowndes v The Queen (1999) 195 CLR 665
Quach v The Queen [1999] WASCA 210
R v Atholwood (1999) 109 A Crim R 465
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
R v Olbrich (1999) 166 ALR 330
R v Peterson [1984] WAR 329
Worth v The Queen [2001] WASCA 303

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : KEZKIROPOULOS -v- THE QUEEN [2002] WASCA 352 CORAM : MALCOLM CJ
    STEYTLER J
    OLSSON AUJ
HEARD : 3 DECEMBER 2002 DELIVERED : 16 DECEMBER 2002 FILE NO/S : CCA 58 of 2002 BETWEEN : PETER KEZKIROPOULOS
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentence - Drug courier - Guilty plea shortly before trial - Inferences as to accused's knowledge given the circumstances of the offence and his possession of large sum of money - Relevance of good antecedents in this type of drug offence - Sentencing discount for guilty plea - Extent to which, realistically, guilty plea indicative of remorse as contrasted with mere recognition of inevitability of conviction




Legislation:

Misuse of Drugs Act 1981 (WA), s 6(1), s 34(1)(a)



(Page 2)

Result:

Application for leave dismissed




Category: B


Representation:


Counsel:


    Applicant : Mr A S Derrick
    Respondent : Mr D Dempster


Solicitors:

    Applicant : Monaghan & Associates
    Respondent : State Director of Public Prosecutions



Case(s) referred to in judgment(s):

Chick v The Queen [2000] WASCA 231
Festus v The Queen [2002] WASCA 25
Lowndes v The Queen (1999) 195 CLR 665
Marker v The Queen [2002] WASCA 282
Miller v The Queen [1999] WASCA 66
R…

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Kezkiropoulos v The Queen [2002] WASCA 352
Case
[2002] WASCA 352
Decision Date

CaseChat Overview and Summary

The case of Kezkiropoulos v The Queen involved a defendant charged with drug-related offences. The defendant entered a guilty plea shortly before the trial was due to commence. The court was tasked with determining the appropriate sentence, taking into account the circumstances of the offence, the defendant's possession of a large sum of money, and his good antecedents. The primary legal issues revolved around the inferences that could be drawn from the defendant's conduct, the relevance of his good character, and the extent to which his guilty plea indicated remorse or was merely a recognition of the inevitability of conviction.

The court considered that the defendant's possession of a large sum of money and the circumstances of the offence suggested a significant level of involvement in drug trafficking. Despite his good antecedents, the court recognised the gravity of the drug offences and the need for a sentence that would reflect the seriousness of the crime. The court also assessed the extent to which the guilty plea could be viewed as an expression of remorse, noting that while such pleas typically warrant a discount, in this case, the plea seemed more indicative of the defendant's awareness of the overwhelming evidence against him.

In light of these considerations, the court determined that the defendant's guilty plea should be given some weight in the sentencing process, but not to the extent that it diminished the need for a substantial custodial sentence. The court concluded that the appropriate sentence would reflect both the seriousness of the offence and the defendant's prior good character, while also acknowledging the potential for rehabilitation. The application for leave to appeal the sentence was dismissed by the court.

Orders

Orders of the court

Application for leave dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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