MADA -v- THE QUEEN [2003] WASCA 1
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 1 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:100/2002 | 15 NOVEMBER 2002 | |
| Coram: | MURRAY J TEMPLEMAN J ROLFE AJ | 17/01/03 | |
| 20 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted Appeal allowed Sentences quashed Applicant resentenced | ||
| B | |||
| PDF Version |
| Parties: | ADRIAN MADA THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing Five offences of possession of heroin with intent to sell or supply and one offence of supplying heroin Need to allow separately for fasttrack plea of guilty and other early pleas not on the fasttrack Allowance for past cooperation with authorities and promised future cooperation Whether sentence for supplying heroin properly made cumulative on other sentences Allowance for confiscation of property of offender Whether aggregate term of 10 years imprisonment manifestly excessive Totality principle |
Legislation: | Nil |
Case References: | Abela v The Queen [2002] WASCA 279 Bowman v The Queen (1995) 14 WAR 466 Cameron v The Queen (2002) 76 ALJR 382 Langridge v The Queen (1996) 17 WAR 346 Miles v The Queen (1997) 17 WAR 518 Pearce v The Queen (1998) 194 CLR 610 R v Gallagher (1991) 23 NSWLR 220 R v Rintel (1991) 3 WAR 527 "S" v The Queen [2000] WASCA 34 "X" v The Queen [2000] WASCA 355 AB (1999) 198 CLR 111 Cooper v The Queen [2001] WASCA 379 House v R (1936) 55 CLR 499 Johnson v The Queen [2002] WASCA 102 Koushappis v The Queen, unreported; CCA SCt of WA; Library No 950729; 6 December 1995 Lowndes v The Queen (1999) 195 CLR 665 Perez-Vargas & Stevens v R (1986) 8 NSWLR 559 Pop v The Queen [2000] WASCA 283 Quach v The Queen [1999] WASCA 210 R v AB (No 2) (2000) 117 A Crim R 473 R v Astill (No 2) (1992) 64 A Crim R 289 R v Atholwood (1999) 109 A Crim R 465 R v Bellissimo (1996) 84 A Crim R 465 R v Cartwright (1989) 17 NSWLR 243 R v Chick (2000) 114 A Crim R 417 R v Duffy (1996) 85 A Crim R 456 R v Duffy (1996) 85 A Crim R 456 R v Everett (1994) 73 A Crim R 550 R v Gooley (1996) 66 SASR 380 R v Hafner [2002] WASCA 211 R v Hammond (2000) 118 A Crim R 66 R v Hayes (1981) 3 A Crim R 286 R v Roadley (1990) 51 A Crim R 336 R v Ruich [2000] WASCA 84 R v White [2002] WASCA 112 Rostom v R [1996] 2 VR 97 Wong v The Queen (2001) 185 ALR 233 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MADA -v- THE QUEEN [2003] WASCA 1 CORAM : MURRAY J
- TEMPLEMAN J
ROLFE AJ
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CaseChat Overview and Summary
In the matter of Mada v The Queen, the appellant was convicted of five counts of possession of heroin with intent to sell or supply and one count of supplying heroin. The case was brought before the High Court of Australia, which was tasked with reviewing the sentencing process and the overall appropriateness of the term of imprisonment imposed. The central issues before the Court involved the appropriate method for calculating the discount for the appellant's early guilty plea, the need to account separately for his past and promised future co-operation with authorities, the cumulative nature of the sentence for the supply offence, the allowance for confiscation of the appellant's property, and the question of whether the aggregate term of 10 years' imprisonment was manifestly excessive in light of the totality principle.
The Court examined the principles of sentencing and the need to balance the discounts for early pleas and co-operation with the severity of the offences. It noted that the primary judge had not separately allowed for the fast-track plea of guilty and other early pleas that were not on the fast-track. The Court also considered the cumulative nature of the sentence for the supply offence and whether it was appropriate to make this sentence cumulative on the other sentences. Furthermore, the Court assessed the allowance for the confiscation of the appellant's property and whether the aggregate term of 10 years' imprisonment was manifestly excessive. The Court concluded that the primary judge's approach to sentencing did not sufficiently account for all the relevant factors, leading to an inappropriate overall term of imprisonment.
Consequently, the High Court allowed the appeal, quashed the sentences imposed by the primary judge, and ordered that the appellant be re-sentenced. The Court granted leave to appeal and emphasised the importance of properly considering all relevant factors in the sentencing process to ensure a just outcome.
The Court examined the principles of sentencing and the need to balance the discounts for early pleas and co-operation with the severity of the offences. It noted that the primary judge had not separately allowed for the fast-track plea of guilty and other early pleas that were not on the fast-track. The Court also considered the cumulative nature of the sentence for the supply offence and whether it was appropriate to make this sentence cumulative on the other sentences. Furthermore, the Court assessed the allowance for the confiscation of the appellant's property and whether the aggregate term of 10 years' imprisonment was manifestly excessive. The Court concluded that the primary judge's approach to sentencing did not sufficiently account for all the relevant factors, leading to an inappropriate overall term of imprisonment.
Consequently, the High Court allowed the appeal, quashed the sentences imposed by the primary judge, and ordered that the appellant be re-sentenced. The Court granted leave to appeal and emphasised the importance of properly considering all relevant factors in the sentencing process to ensure a just outcome.
Orders
Orders of the court
Leave to appeal granted
Appeal allowed
Sentences quashed
Applicant resentenced
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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