KRAKOUER -v- R [1999] WASCA 147
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [1999] WASCA 147 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:43/1999 | 5 AUGUST 1999 | |
| Coram: | IPP J WHITE J HEENAN J | 25/08/99 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| PDF Version |
| Parties: | JAMES GORDON KRAKOUER THE QUEEN |
Catchwords: | Criminal Law Sentence Appellant convicted following retrial Whether the fact that the appellant had undergone two trials is a mitigatory factor in relation to the sentence on second conviction Appellant convicted of one count of conspiracy to possess a quantity of methylamphetamine with intent to sell or supply to another and of one count of attempting to possess a quantity of methylamphetamine with intent to sell or supply to another Co-conspirator sentenced to a term of 12 years' imprisonment following his plea of guilty to the conspiracy charge Appellant pleading not guilty Sentences of 16 years' and 8 years' imprisonment on the respective counts not set aside as excessive Sentencing Principle of parity Whether sentences imposed upon other offenders convicted in another State of different offences under a different statute were to be taken into account in relation to the sentence upon the appellant |
Legislation: | Misuse of Drugs Act, s 6, s 33(1) and s 33(2) |
Case References: | Krakouer v The Queen (1996) 16 WAR 1 Siganto v The Queen (1998) 73 ALJR 162 Thorp v The Queen, unreported; CCA SCt of WA; Library No 970584; 5 November 1997 Chen v R (1993) 66 A Crim R 154 Duncan v R (1983) 47 ALR 746 Lowe v R (1984) 154 CLR 606 Postiglione v R (1997) 189 CLR 295 R v Calder, unreported; CCA SCt of WA; Library No 960534; 11 September 1996 R v Markovina, unreported; CCA SCt of WA; Library No 940671; 30 November 1994 R v Williams (1981) 5 A Crim R 81 Roeton v The Queen, unreported; CCA SCt of WA; Library No 990118; 16 March 1999 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : KRAKOUER -v- R [1999] WASCA 147 CORAM : IPP J
- WHITE J
HEENAN J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal Law - Sentence - Appellant convicted following retrial - Whether the fact that the appellant had undergone two trials is a mitigatory factor in relation to the sentence on second conviction - Appellant convicted of one count of conspiracy to possess a quantity of methylamphetamine with intent to sell or supply to another and of one count of attempting to possess a quantity of methylamphetamine with intent to sell or supply to another - Co-conspirator sentenced to a term of 12 years' imprisonment following his plea of guilty to the conspiracy charge - Appellant pleading not guilty - Sentences of 16 years' and 8 years' imprisonment on the respective counts…
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- Krakouer v The Queen [1999] WASCA 147
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- [1999] WASCA 147
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CaseChat Overview and Summary
The court considered that the principle of parity was not applicable to the appellant's case, as the sentences imposed upon other offenders in another state were not relevant to the sentence on the appellant. The court also found that the sentences imposed on the appellant were not excessive, and that the fact that the appellant had undergone two trials was not a mitigating factor in relation to the sentence on the second conviction. The appeal was dismissed, and the sentences of 16 years' and 8 years' imprisonment on the respective counts were upheld.
Orders
Orders of the court
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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