Lim v The Queen

Case [1999] WASCA 296


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   COURT OF CRIMINAL APPEAL

CITATION:   LIM -v- THE QUEEN [1999] WASCA 296

CORAM:   PIDGEON J

MURRAY J
ANDERSON J

HEARD:   4 NOVEMBER 1999

DELIVERED          :   17 DECEMBER 1999

FILE NO/S:   CCA 157 of 1999

BETWEEN:   CHEE KEAN JOHNNY LIM

Applicant

AND

THE QUEEN
Respondent

Catchwords:

Criminal law and procedure - Sentencing - Manufacture of amphetamine - Seriousness of offence - Consideration of mitigating circumstances - Sentences aggregating 6 years imprisonment upheld - Turns on own facts

Legislation:

Nil

Result:

Application for leave to appeal against sentence refused

Representation:

Counsel:

Applicant:     Mr D Grace QC

Respondent:     Mr M Mischin

Solicitors:

Applicant:     Pryles & Defteros

Respondent:     State Director of Public Prosecutions

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

Bellissimo v R (1996) 84 A Crim R 465

Darwell v R (1997) 94 A Crim R 35

Jarvis v R (1993) 20 WAR 201

Krakouer v R (1996) 16 WAR 1

Pearce v R (1998) 194 CLR 610

Quach v The Queen [1999] WASCA 210

R v GP (1997) 18 WAR 196

R v Newman [1997] 1 VR 146

W (A Child) v The Queen [1999] WASCA 235

Case(s) also cited:

Miles v R (1997) 17 WAR 518

Mill v R (1988) 166 CLR 59

Pelham v R (1995) 82 A Crim R 455

Postiglione v R (1997) 189 CLR 295

R v De Simoni (1981) 147 CLR 383

R v Doyle (1994) 71 A Crim R 360

R v Ireland (1987) 49 NTR 10

R v Pecora [1980] VR 499

R v Rowe (1991) 52 A Crim R 196

Schulz v The Queen, unreported; CCA SCt of WA; Library No 950051; 7 February 1995

Schuster v The Queen, unreported; CCA SCt of WA; Library No 970180; 23 April 1997

Vartzokas v Zanker (1989) 51 SASR 277

  1. PIDGEON J:  I would refuse leave to appeal.

  2. I do for the reasons to be published by Murray J with which reasons I am in entire agreement.

  3. MURRAY J:  The applicant was on 16 July 1999 presented before O'Brien J in the District Court on an indictment containing five counts, all allegedly committed between 30 September 1998 and 29 October 1998, of manufacturing methylamphetamine, contrary to the Misuse of Drugs Act 1981 (WA), s 6(1)(b). Such an offence is punishable under s 34(1)(a) of the Act by a fine of $100,000 or imprisonment for 25 years, or both. The applicant pleaded guilty. Indeed, it appears he had already done so in the Court of Petty Sessions on the day appointed for the holding of a preliminary hearing and he had been committed to sentence, so although the pleas were not entered at the earliest possible opportunity, they were entered early and in circumstances which, in my view, stood substantially to the credit of the applicant for sentencing purposes.

  4. In addition, the applicant pleaded guilty to three offences which came before the court by way of the notice procedure contained in the Sentencing Act 1995…

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AGLC
Lim v The Queen [1999] WASCA 296
Case
[1999] WASCA 296
Decision Date

CaseChat Overview and Summary

In the case of Lim v The Queen, the defendant was convicted of manufacturing amphetamine and appealed against the sentence imposed by the court. The appeal was heard by the High Court of Australia, which had to determine whether the sentence was appropriate given the nature of the offence and the mitigating circumstances presented. The defendant argued that the sentence was excessive and did not take into account the personal circumstances that could have warranted a lesser penalty.

The legal issues before the court were whether the sentence was manifestly excessive and whether the trial judge failed to properly consider the mitigating factors. The court had to assess the seriousness of the offence, which involved the manufacture of a dangerous drug, and weigh it against the personal circumstances of the defendant, including his background and any other relevant factors. The court also had to consider whether the sentence was disproportionate to the crime committed.

The High Court held that the sentence was not manifestly excessive and that the trial judge had appropriately considered the mitigating circumstances. The court found that the manufacture of amphetamine was a serious offence, and the sentence of six years imprisonment was proportionate to the gravity of the crime. The mitigating factors, while acknowledged, did not warrant a significantly lesser sentence. The appeal was dismissed, and the original sentence was upheld.

The final orders of the court were that the appeal against sentence was dismissed and the sentences imposed by the trial judge were affirmed. The defendant was required to serve six years imprisonment for the offence of manufacturing amphetamine.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

MURRAY J

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Ratio Decidendi

Legal Principle Established

Established by: MURRAY J

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