LUMAI -v- THE QUEEN [2000] WASCA 193
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 193 | |
| COURT OF CRIMINAL APPEAL | 02/08/2000 | ||
| Case No: | CCA:33/2000 | 13 JULY 2000 | |
| Coram: | PIDGEON J WALLWORK J ANDERSON J | 13/07/00 | |
| 9 | Judgment Part: | 1 of 1 | |
| Result: | Effective sentence of 30 months imprisonment reduced to 12 months imprisonment Eligible for parole | ||
| PDF Version |
| 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
- 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…
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- LUMAI v The Queen [2000] WASCA 193
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- [2000] WASCA 193
- Decision Date
CaseChat Overview and Summary
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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