Law v The Queen
Case
•
[2019] WASCA 81
•21 MAY 2019
Details
AGLC
Case
Decision Date
Law v The Queen [2019] WASCA 81
[2019] WASCA 81
21 MAY 2019
CaseChat Overview and Summary
The appellant was charged, along with co-offenders, with federal and state drug-related offences, and possessing cash suspected to be unlawfully obtained. After pleading guilty, the appellant was sentenced to a total effective term of 10 years and 6 months' imprisonment. The appellant appealed against the sentence, arguing that the sentencing judge made a material error of fact and that the sentence was manifestly excessive. The appellant also argued that the sentence did not accord with the principles of parity and totality.
The central legal issues in the appeal were whether the sentencing judge erred in fact, whether the sentence was manifestly excessive, and whether it adhered to the principles of parity and totality. The court had to consider the nature and severity of the crimes, the role of the appellant in the offences, and the need to ensure appropriate deterrence and rehabilitation.
The court found that the sentencing judge did not make a material error of fact. It held that the sentence was not manifestly excessive and that it appropriately balanced the principles of parity and totality. The court noted the gravity of the drug importation offence and the appellant's involvement in multiple drug-related crimes. The sentence was deemed to be proportionate to the crimes and consistent with sentences for similar offences. The appeal was dismissed, and the original sentence was upheld.
No further orders were made by the court.
The central legal issues in the appeal were whether the sentencing judge erred in fact, whether the sentence was manifestly excessive, and whether it adhered to the principles of parity and totality. The court had to consider the nature and severity of the crimes, the role of the appellant in the offences, and the need to ensure appropriate deterrence and rehabilitation.
The court found that the sentencing judge did not make a material error of fact. It held that the sentence was not manifestly excessive and that it appropriately balanced the principles of parity and totality. The court noted the gravity of the drug importation offence and the appellant's involvement in multiple drug-related crimes. The sentence was deemed to be proportionate to the crimes and consistent with sentences for similar offences. The appeal was dismissed, and the original sentence was upheld.
No further orders were made by the court.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
Legal Concepts
-
Appeal
-
Criminal Liability
-
Sentencing
-
Manifest Excess
-
Totality Principle
Actions
Download as PDF
Download as Word Document
Citations
Law v The Queen [2019] WASCA 81
Most Recent Citation
Davies v Director of Public Prosecutions [2025] WASC 434
Cases Citing This Decision
54
Nsa v The State of Western Australia
[2023] WASCA 53
The State of Western Australia v Quartermaine
[2021] WASCA 145
The State of Western Australia v ADS
[2021] WASCA 99
Cases Cited
38
Statutory Material Cited
6
Veen v The Queen (No 2)
[1988] HCA 14
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Bendigo Theatre Case) (No 2)
[2018] FCA 1211
LAT v The State of Western Australia
[2018] WASCA 215