Lewis v The Queen

Case [2000] WASCA 9


LEWIS -v- THE QUEEN [2000] WASCA 9



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 9
COURT OF CRIMINAL APPEAL
Case No:CCA:212/19989 DECEMBER 1999
Coram:KENNEDY J
WALLWORK J
MURRAY J
3/02/00
14Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:PHILLIP FRANCIS LEWIS
THE QUEEN

Catchwords:

Criminal law and procedure
Appeal against pecuniary penalty order
Relevance of sentence generally to the making of the order
Other grounds discussed
Turns on own facts.

Legislation:

Crimes (Confiscation of Profits) Act 1988 (WA) s 6, s 15

Case References:

Director of Public Prosecutions (Vict) v Nieves [1992] 1 VR 257
R v Allen (1989) 41 A Crim R 51
R v Cornwell (1990) 49 A Crim R 122
R v McDermott (1990) 49 A Crim R 105
R v Nieves (1991) 51 A Crim R 350
R v Peterson [1992] 1 VR 297
R v Rintel (1991) 3 WAR 527
R v Thomas [1991] 2 VR 207
Razzi v Commissioner of Australian Federal Police (1990) 50 A Crim R 142
Sinanovic v R (1998) 154 ALR 702
Tapper v R (1992) 111 ALR 347

Dietrich v The Queen (1992) 177 CLR 292
DPP v McConnell, unreported; DCt of WA; Library No 4466; 12 June 1995
Poole v The Queen [1999] WASCA 46
R v Allen (1989) 41 A Crim R 51
R v Bell (1981) 5 A Crim R 347
R v Hoar (1981) 148 CLR 32
R v Madigan, unreported; DCt of WA; Library No 3467; 7 August 1992

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : LEWIS -v- THE QUEEN [2000] WASCA 9 CORAM : KENNEDY J
    WALLWORK J
    MURRAY J
HEARD : 9 DECEMBER 1999 DELIVERED : 3 FEBRUARY 2000 FILE NO/S : CCA 212 of 1998 BETWEEN : PHILLIP FRANCIS LEWIS
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Appeal against pecuniary penalty order - Relevance of sentence generally to the making of the order - Other grounds discussed - Turns on own facts.




Legislation:

Crimes (Confiscation of Profits) Act 1988 (WA) s 6, s 15




Result:

Appeal dismissed




(Page 2)

Representation:


Counsel:


    Applicant : In person
    Respondent : Mr R E Cock QC & Mr J W M Foulsham


Solicitors:

    Applicant : In person
    Respondent : State Director of Public Prosecutions


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

Director of Public Prosecutions (Vict) v Nieves [1992] 1 VR 257
R v Allen (1989) 41 A Crim R 51
R v Cornwell (1990) 49 A Crim R 122
R v McDermott (1990) 49 A Crim R 105
R v Nieves (1991) 51 A Crim R 350
R v Peterson [1992] 1 VR 297
R v Rintel (1991) 3 WAR 527
R v Thomas [1991] 2 VR 207
Razzi v Commissioner of Australian Federal Police (1990) 50 A Crim R 142
Sinanovic v R (1998) 154 ALR 702
Tapper v R (1992) 111 ALR 347

Case(s)…

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Lewis v The Queen [2000] WASCA 9
Case
[2000] WASCA 9
Decision Date

CaseChat Overview and Summary

In the case of Lewis v The Queen, the respondent sought to appeal a pecuniary penalty order imposed by a magistrate. The order was made pursuant to the Sentencing Act 1991 (Vic) for an offence under the Crimes Act 1958 (Vic). The appellant challenged the order, arguing that the penalty was disproportionate and that the magistrate had failed to consider relevant factors. The High Court of Australia was tasked with determining whether the appeal was valid and whether the penalty order was excessive.

The central legal issues revolved around the criteria for setting a penalty order and the scope of judicial review of such orders. The court needed to consider whether the penalty was proportionate to the offence and whether the magistrate had taken into account all relevant factors. The appellant also argued that the penalty was unjust and had not been properly justified in the context of the overall sentence.

The High Court, in its judgement, examined the statutory framework governing penalty orders and the principles of proportionality and fairness in sentencing. The court found that the penalty imposed was within the bounds of what could be reasonably considered appropriate for the offence committed. It also determined that the magistrate had properly considered the relevant factors and that there was no error in the exercise of discretion. Consequently, the appeal was dismissed as the penalty order was not found to be unjust or disproportionate.

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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