Ma v The Queen

Case [2001] WASCA 325


MA -v- THE QUEEN [2001] WASCA 325



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 325
COURT OF CRIMINAL APPEAL
Case No:CCA:85/20013 OCTOBER 2001
Coram:STEYTLER J
TEMPLEMAN J
ROBERTS-SMITH J
26/10/01
35Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal allowed
D
PDF Version
Parties:RONG MA
THE QUEEN

Catchwords:

Criminal law
Sentence
Attempting to obtain possession of trafficable quantity of prohibited drugs imported into Australia
Guilty plea
Cooperation with authorities
Sentencing discount
Criminal law and procedure
Sentencing
Disparity
6 months discount for plea of guilty
Co­offender given discount of 12 months for plea of guilty
Applicant given head term of 5 years imprisonment
Co­offender who went to trial sentenced to 5­1/2 years

Legislation:

Crimes Act 1914 (Cth), s 21E(1)(a), s 21E(3)
Customs Act 1901 (Cth), s 233B(1)(c)
Sentencing Act 1995 (WA), s 8(5)

Case References:

Atholwood v The Queen (1999) 109 A Crim R 465
Duffy (1996) 85 A Crim R 456
Goddard v The Queen (1999) 21 WAR 541
Hayes v The Queen [1981] WAR 252
Little v The Queen [2001] WASCA 87
Lowe v The Queen (1984) 154 CLR 606
McKeagg v The Queen [2001] WASCA 99
Postiglione v The Queen (1997) 189 CLR 295
R v Capper (1993) 69 A Crim R 64
R v Cartwright (1989) 17 NSWLR 243
R v Gallagher (1991) 23 NSWLR 220
R v Golding (1980) 24 SASR 161; 3 A Crim R 26
R v Hayes (1981) 3 A Crim R 286
R v Nagy [1992] 1 VR 637
R v Perez-Vargas (1987) 8 NSWLR 559
Radebe v The Queen [2001] WASCA 254
Stretton v The Queen, unreported; CCA SCt of WA; Library No 950282; 1 June 1995
Thorne v The Queen, unreported; CCA SCt of WA; Library No 990154; 29 March 1999
Veneziani v The Queen [2001] WASCA 246

Cottrell (1989) A Crim R 31
Doherty v The Queen, unreported; CCA SCt of WA; Library No 970518; 14 October 1997
Foster and D'Anna (1992) 59 A Crim R 14
Heryadi v The Queen (1998) 19 WAR 383
Lim v The Queen, unreported; CCA SCt of WA; Library No 970482; 26 September 1997
Mustafa v The Queen [2001] WASCA 92
Quach v The Queen [1999] WASCA 219
R v Dinic (1997) 149 ALR 488
R v Thompson & Houlton (2000) 49 NSWLR 383
Roberts v The Queen [1999] WASCA 273
X v The Queen [2000] WASCA 355

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MA -v- THE QUEEN [2001] WASCA 325 CORAM : STEYTLER J
    TEMPLEMAN J
    ROBERTS-SMITH J
HEARD : 3 OCTOBER 2001 DELIVERED : 26 OCTOBER 2001 FILE NO/S : CCA 85 of 2001 BETWEEN : RONG MA
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentence - Attempting to obtain possession of trafficable quantity of prohibited drugs imported into Australia - Guilty plea - Cooperation with authorities - Sentencing discount

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Details
AGLC
Ma v The Queen [2001] WASCA 325
Case
[2001] WASCA 325
Decision Date

CaseChat Overview and Summary

The case of Ma v The Queen was heard in the court of appeal, where the appellant, Ma, challenged his sentence for attempting to obtain possession of a trafficable quantity of prohibited drugs that had been imported into Australia. Ma had pleaded guilty and cooperated with the authorities, but argued that the sentencing disparity between him and his co-offender, who had been given a lesser sentence despite going to trial, was unjust.

The legal issues before the court were whether the disparity in sentencing between Ma and his co-offender was justified, and whether the sentence imposed on Ma was appropriate given the discount for his guilty plea and cooperation with authorities. The court had to consider the principles of sentencing and the factors relevant to the imposition of a sentence, including the nature and circumstances of the offence, the culpability of the offender, and the need for deterrence and rehabilitation.

The court found that the disparity in sentencing between Ma and his co-offender was not justified, as the co-offender had received a greater discount for going to trial, despite the fact that Ma had pleaded guilty and cooperated with authorities. The court also found that the sentence imposed on Ma was excessive, given the discount for his guilty plea and cooperation with authorities. The court allowed Ma's appeal and set aside his sentence, ordering that he be re-sentenced.

The final orders of the court were that leave to appeal was granted, the appeal was allowed, and Ma's sentence was set aside and remitted for re-sentencing. The court emphasised the importance of ensuring that sentencing is fair and consistent, and that discounts for guilty pleas and cooperation with authorities are properly taken into account.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed

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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