LUMAI -v- THE QUEEN [2000] WASCA 193

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2000] WASCA 193
Court:	COURT OF CRIMINAL APPEAL	Published:	02/08/2000
Case No:	CCA:33/2000	Heard:	13 JULY 2000
Coram:	PIDGEON J WALLWORK J ANDERSON J	Delivered:	13/07/00
No of pages:	9	Judgment Part:	1 of 1
Result:	Effective sentence of 30 months imprisonment reduced to 12 months imprisonment Eligible for parole
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Parties:	JOHN PHILLIP LUMAI THE QUEEN
Catchwords:	Criminal law Sentencing Breaking and entering and stealing Persistent young offender Unemployed stockman at Kununurra Drinking problem Not sent to prison before Relevance of antecedent criminal history Whether a continuing attitude of disobedience to the law could increase sentence
Legislation:	Nil
Case References:	Veen v The Queen (No 2) (1987-98) 164 CLR 465 Dao v The Queen, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 Gavin v The Queen (1991) 6 WAR 195 Heferen v The Queen (1999) 106 A Crim R 89 Hoare v The Queen (1988-89) 167 CLR 348 Little v The Queen, unreported; CCA SCt of WA; Library No 970041; 3 February 1997 Lowndes v The Queen (1999) 195 CLR 665 Morrison v The Queen, unreported; CCA SCt of WA; Library No 970461; 10 September 1997 Nguyen v R [1999] WASCA 54 Pezzino v The Queen (1997) 92 A Crim R 135 R v King [2000] WASCA 130 R v Peterson [1984] WAR 329 R v Ward [1999] WASCA 157 Smith v The Queen, unreported; CCA SCt of WA; Library No 960742; 20 December 1996 Verschuren v The Queen (1995) 17 WAR 467 Wroblewski v The Queen (1999) A Crim R 129

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : LUMAI -v- THE QUEEN [2000] WASCA 193 CORAM : PIDGEON J

WALLWORK J

ANDERSON J

HEARD : 13 JULY 2000 DELIVERED : 13 JULY 2000 PUBLISHED : 2 AUGUST 2000 FILE NO/S : CCA 33 of 2000 BETWEEN : JOHN PHILLIP LUMAI

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal law - Sentencing - Breaking and entering and stealing - Persistent young offender - Unemployed stockman at Kununurra - Drinking problem - Not sent to prison before - Relevance of antecedent criminal history - Whether a continuing attitude of disobedience to the law could increase sentence

Legislation:

Nil

(Page 2)

Result:

Effective sentence of 30 months imprisonment reduced to 12 months imprisonment

Eligible for parole

Representation:

Counsel:

Applicant : Mr R W Richardson

Respondent : Mr R E Cock QC

Solicitors:

Applicant : Aboriginal Legal Service of WA (Inc)

Respondent : State Director of Public Prosecutions

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

Veen v The Queen (No 2) (1987-98) 164 CLR 465

Case(s) also cited:

Dao v The Queen, unreported; CCA SCt of WA; Library No 990015; 22 January 1999
Gavin v The Queen (1991) 6 WAR 195
Heferen v The Queen (1999) 106 A Crim R 89
Hoare v The Queen (1988-89) 167 CLR 348
Little v The Queen, unreported; CCA SCt…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading LUMAI v The Queen

Details

AGLC: LUMAI v The Queen [2000] WASCA 193
Case: [2000] WASCA 193
Decision Date: 2 AUGUST 2000

CaseChat Overview and Summary

The appellant, a young unemployed stockman from Kununurra, was convicted for breaking and entering a house and stealing property. The case reached the court for sentencing considerations, where the primary issue was to determine an appropriate sentence given the offender's lack of prior criminal record, his drinking problem, and his status as a persistent young offender. The court had to weigh these factors against the seriousness of the offence to decide whether the offender's attitude towards the law warranted a more severe punishment despite his lack of prior convictions.

The court examined the offender's antecedent history, noting his persistent criminal behaviour despite not having been sent to prison before. It also considered his drinking problem, which may have contributed to his offending behaviour. The court found that while the offender's lack of prior convictions could have warranted a lighter sentence, his continuous disregard for the law and the need for general deterrence weighed in favour of a harsher punishment. However, the court recognised the potential for rehabilitation and the possibility of a reformed attitude, leading to a decision that balanced both the need for punishment and the potential for the offender's rehabilitation.

After considering all factors, the court decided that the effective sentence of 30 months imprisonment was excessive and reduced it to 12 months. The court also ruled that the offender would be eligible for parole, recognising the potential for the offender to change his ways and reintegrate into society. The decision reflected the court's approach to sentencing that balances punishment with rehabilitation, particularly for young offenders with no prior criminal record but who have demonstrated a persistent disregard for the law.

Orders

Orders of the court

Effective sentence of 30 months imprisonment reduced to 12 months imprisonment

Eligible for parole

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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