Latham v The Queen

Case [2000] WASCA 338


LATHAM -v- THE QUEEN [2000] WASCA 338



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 338
COURT OF CRIMINAL APPEAL
Case No:CCA:41/200015 AUGUST 2000
Coram:WALLWORK J
PARKER J
McKECHNIE J
8/11/00
15Judgment Part:1 of 1
Result: Leave to appeal refused
PDF Version
Parties:MICHAEL CHARLES LATHAM
THE QUEEN

Catchwords:

Criminal law
Application for leave to appeal
Sentence
Two offences of stealing by removing fossilised footprints from natural site
Concurrent terms of 2 years imprisonment
Whether excessive
Whether suspended terms appropriate

Legislation:

Sentencing Act 1995 (WA), s 39(3), s 76

Case References:

Dinsdale v The Queen [2000] HCA 54
House v The King (1936) 55 CLR 499
Lowndes v The Queen (1999) 195 CLR 665
Thompson and Owen v R (1998) 105 A Crim R 150

Ginn v R [2000] WASCA 95
Keatley v R [2000] WASCA 30
R v GP (1997) 18 WAR 196
R v Liddington (1997) 18 WAR 394
R v Michinton (1998) 104 A Crim R 465
Van de Worp v R [2000] WASCA 154

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : LATHAM -v- THE QUEEN [2000] WASCA 338 CORAM : WALLWORK J
    PARKER J
    McKECHNIE J
HEARD : 15 AUGUST 2000 DELIVERED : 8 NOVEMBER 2000 FILE NO/S : CCA 41 of 2000 BETWEEN : MICHAEL CHARLES LATHAM
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Application for leave to appeal - Sentence - Two offences of stealing by removing fossilised footprints from natural site - Concurrent terms of 2 years imprisonment - Whether excessive - Whether suspended terms appropriate




Legislation:

Sentencing Act 1995 (WA), s 39(3), s 76




Result:

Leave to appeal refused




(Page 2)

Representation:


Counsel:


    Applicant : Mr T F Percy QC & Ms L Boston
    Respondent : Mr R E Cock QC


Solicitors:

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


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

Dinsdale v The Queen [2000] HCA 54
House v The King (1936) 55 CLR 499
Lowndes v The Queen (1999) 195 CLR 665
Thompson and Owen v R (1998) 105 A Crim R 150

Case(s) also cited:



Ginn v R [2000] WASCA 95
Keatley v R [2000] WASCA 30
R v GP (1997) 18 WAR 196
R v Liddington (1997) 18 WAR 394
R v Michinton (1998) 104 A Crim R 465
Van de Worp v R [2000] WASCA 154

(Page 3)

1 WALLWORK J: I agree with the reasons for judgment of Parker J and to the order proposed by his Honour.

2 PARKER J: This is an application for leave to appeal against sentences imposed on the applicant in the District Court sitting at Broome on 22 February 2000. The applicant, who had been indicted with another person, pleaded guilty to two of three counts alleged against him. The crown accepted these pleas in satisfaction of the indictment. The applicant pleaded guilty to…

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Latham v The Queen [2000] WASCA 338
Case
[2000] WASCA 338
Decision Date

CaseChat Overview and Summary

The applicants, Latham and his co-offenders, appealed against their sentences for two counts of stealing by removing fossilised footprints from a natural site. The primary issue before the court was whether the sentences imposed were excessive or inappropriate. The applicants argued that the concurrent terms of two years' imprisonment were too harsh and that a suspended sentence would have been more appropriate. The court was required to determine whether the sentences were manifestly excessive or whether there was an error in the consideration of the principles of sentencing.

The court considered the nature and circumstances of the offences, the character of the applicants, and the principles of sentencing, including deterrence and rehabilitation. The court found that the applicants had committed serious offences by removing valuable fossilised footprints from a natural site, which had cultural and scientific significance. The court held that the sentences were not manifestly excessive and that the applicants had not demonstrated that the sentences were inappropriate. The court also found that the applicants had not shown that a suspended sentence would have been more appropriate, as the offences were serious and the applicants had not demonstrated remorse or rehabilitation. The court dismissed the application for leave to appeal.

The court's reasoning was based on the seriousness of the offences and the need to deter similar conduct in the future. The court held that the sentences imposed were appropriate and did not constitute a manifest excess of power. The court also found that the applicants had not demonstrated that a suspended sentence would have been more appropriate, as the offences were serious and the applicants had not shown remorse or rehabilitation. The application for leave to appeal was therefore refused.

Orders

Orders of the court

Leave to appeal refused

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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