Lawton v The Queen

Case [2002] WASCA 199


LAWTON -v- THE QUEEN [2002] WASCA 199



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 199
COURT OF CRIMINAL APPEAL
Case No:CCA:14/200211 JUNE 2002
Coram:MALCOLM CJ
STEYTLER J
MILLER J
29/07/02
10Judgment Part:1 of 1
Result: Application for leave to appeal refused
B
PDF Version
Parties:TULL CHRISTIAN LAWTON
THE QUEEN

Catchwords:

Criminal law and procedure
Appeal against sentence
Possession of methylamphetamine and ecstasy with intent to sell or supply, also possession of cannabis, two prohibited smoking implements and unlicensed ammunition
Total sentence of 6 and a half years' imprisonment
Whether sentence manifestly excessive
Whether any other failure of discretion shown
Turns on own facts

Legislation:

Criminal Code WA, s 689(3)

Case References:

Cameron v The Queen (2002) 187 ALR 65
Radebe v The Queen [2001] WASCA 254
Ryan v The Queen (2001) 75 ALJR 815

"S" v The Queen [2000] WASCA 34
Legeng v The Queen, unreported; CCA SCt of WA; Library No 950391; 8 April 1995
Lowndes v The Queen (1999) 195 CLR 665
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
Tsagaris v The Queen, unreported; CCA SCt of WA; Library No 980721; 14 December 1998
Watson v The Queen [2000] WASCA 119

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : LAWTON -v- THE QUEEN [2002] WASCA 199 CORAM : MALCOLM CJ
    STEYTLER J
    MILLER J
HEARD : 11 JUNE 2002 DELIVERED : 29 JULY 2002 FILE NO/S : CCA 14 of 2002 BETWEEN : TULL CHRISTIAN LAWTON
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Appeal against sentence - Possession of methylamphetamine and ecstasy with intent to sell or supply, also possession of cannabis, two prohibited smoking implements and unlicensed ammunition - Total sentence of 6 and a half years' imprisonment - Whether sentence manifestly excessive - Whether any other failure of discretion shown - Turns on own facts




Legislation:

Criminal Code WA, s 689(3)



(Page 2)

Result:

Application for leave to appeal refused




Category: B


Representation:


Counsel:


    Applicant : In person
    Respondent : Mr K P Bates


Solicitors:

    Applicant : In person
    Respondent : State Director of Public Prosecutions



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

Cameron v The Queen (2002) 187 ALR 65
Radebe v The Queen [2001] WASCA 254
Ryan v The Queen (2001) 75 ALJR 815

Case(s) also cited:



"S" v The Queen [2000] WASCA 34
Legeng v The Queen, unreported; CCA SCt of WA; Library No 950391; 8 April 1995
Lowndes v The Queen (1999) 195 CLR 665
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
Tsagaris v The Queen, unreported; CCA SCt of WA; Library No 980721; 14 December 1998
Watson v The Queen [2000] WASCA 119

(Page 3)

1 MALCOLM CJ: In my opinion this application for leave to appeal against sentence should be…

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Lawton v The Queen [2002] WASCA 199
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[2002] WASCA 199
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CaseChat Overview and Summary

In the case of Lawton v The Queen, the appellant was convicted for possession of methylamphetamine and ecstasy with intent to sell or supply, along with possession of cannabis, two prohibited smoking implements, and unlicensed ammunition. The total sentence imposed was six and a half years' imprisonment. The appellant sought leave to appeal against the sentence, arguing it was manifestly excessive and that there was a failure of judicial discretion. The central issue was whether the sentence was disproportionate to the crimes committed, taking into account the totality of the offences and the appellant's circumstances. The court examined the principles of sentencing and the discretion exercised by the trial judge, considering the severity of the crimes, the appellant's criminal history, and the impact on the community.

The court deliberated on whether the sentence was manifestly excessive, a standard requiring the sentence to be so high that no reasonable sentencing judge could have imposed it. It also assessed whether there was any other failure of judicial discretion, considering the sentencing guidelines and the proportionality of the punishment. The court found that the sentence was within the range of what a reasonable sentencing judge could impose, taking into account the severity and nature of the offences and the appellant's criminal history. The appeal court was satisfied that the trial judge had exercised their discretion properly, considering all relevant factors and ensuring the sentence was proportionate to the crimes committed. Consequently, the application for leave to appeal was refused.

Orders

Orders of the court

Application for 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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