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Marchesano v The Queen

Marchesano v The Queen

Case [2000] WASCA 225 24 August 2000

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MARCHESANO -v- THE QUEEN [2000] WASCA 225

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2000] WASCA 225
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:5/2000	Heard:	8 JUNE 2000
Coram:	KENNEDY ACJ WALLWORK J PARKER J	Delivered:	24/08/00
No of pages:	14	Judgment Part:	1 of 1
Result:	Application for leave to appeal against conviction granted Appeal against conviction dismissed Application for leave to appeal against sentence refused
PDF Version

Parties:	ANTHONY THOMAS MARCHESANO THE QUEEN
Catchwords:	Criminal law and procedure Possession of methylamphetamine with intent to sell or supply Whether police officer qualified to give evidence as to use of methylamphetamine and as to practice of mixing it with other substances prior to sale Criminal law and procedure Sentencing Possession of methylamphetamine with intent to sell or supply Sentence of 3-1/2 years' imprisonment with eligibility for parole not interfered with
Legislation:	Nil
Case References:	Anderson v The Queen (1992) 64 A Crim R 312 Bellissimo v The Queen (1996) 84 A Crim R 465 Darwell v The Queen (1997) 94 A Crim R 35 R v Dao, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 Sikaloski v The Queen [2000] WASCA 63 Clark v Ryan (1960) 103 CLR 486 Commissioner of Taxation (Cth) v ICI Australia Ltd (1972) 127 CLR 529 Eagles v Orth [1976] Qd R 313 English Exporters (London) Ltd v Eldonwall Ltd [1973] Ch 415 Folkes v Chadd (1782) 3 Dougl 157; 99 ER 589 Hawkins v The Queen, unreported; CCA SCt of WA; Library No 970194; 1 May 1997 Lowndes v The Queen (1999) 195 CLR 665 Miles v The Queen (1997) 17 WAR 518 Paparone v The Queen [2000] WASCA 127 R v Barker (1988) 34 A Crim R 141 R v Darrington (1979) 1 A Crim R 124 R v Doyle (1994) 71 A Crim R 360 R v Gardner [1980] Qd R 531 R v Marinovich (1990) 46 A Crim R 282 R v Onea (1994) 74 A Crim R 395 R v Osenkowski (1982) 5 A Crim R 394 R v Reed (1993) 65 A Crim R 434 Suresh v The Queen (1998) 72 ALJR 769 Transport Publishing Co Pty Ltd v Literature Board of Review (1956) 99 CLR 111 Vodanovic v The Queen, unreported; CCA SCt of WA; Library No 960056; 9 February 1996 Yager v R [1977] WAR 17

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MARCHESANO -v- THE QUEEN [2000] WASCA 225 CORAM : KENNEDY ACJ

WALLWORK J

PARKER J

HEARD : 8 JUNE 2000 DELIVERED : 24 AUGUST 2000 FILE NO/S : CCA 5 of 2000

CCA 6 of 2000

BETWEEN : ANTHONY THOMAS MARCHESANO

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal law and procedure - Possession of methylamphetamine with intent to sell or supply - Whether police officer qualified to give evidence as to use of methylamphetamine and as to practice of mixing it with other substances prior to sale

Criminal law…

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 Marchesano v The Queen

Details

AGLC: Marchesano v The Queen [2000] WASCA 225
Case: [2000] WASCA 225
Decision Date: 24 AUGUST 2000

CaseChat Overview and Summary

The appellant, Marchesano, was convicted of possessing methylamphetamine with intent to sell or supply. The appeal against conviction and sentence was heard in the High Court of Australia. The central legal issues revolved around the admissibility of certain police evidence and the appropriateness of the sentence imposed. The court had to determine if the police officer was qualified to provide evidence on the use of methylamphetamine and the practice of mixing it with other substances prior to sale. Additionally, the court assessed the sentence of 3½ years' imprisonment, with eligibility for parole, to determine if it was appropriate.

In ruling on these matters, the court held that the police officer's evidence was admissible as it pertained to matters within his professional experience and expertise. The officer's testimony regarding the use of methylamphetamine and the practice of mixing it with other substances was deemed relevant to establishing the appellant's intent to sell or supply the drug. Consequently, the court found that the trial judge had correctly admitted this evidence. Regarding the sentence, the court found that the punishment imposed was neither manifestly excessive nor inadequate, given the circumstances of the case. Therefore, the appeal against the sentence was dismissed.

As a result of the court's findings, the application for leave to appeal against the conviction was granted, but the appeal itself was dismissed. The application for leave to appeal against the sentence was refused. The final orders were that the appellant's application for leave to appeal against conviction was granted, but the appeal against conviction was dismissed. Additionally, the application for leave to appeal against sentence was refused.

Orders

Orders of the court

Application for leave to appeal against conviction granted

Appeal against conviction dismissed

Application for leave to appeal against sentence refused

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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Citations

AGLC Citation

Marchesano v The Queen [2000] WASCA 225

Most Recent Citation

Mishal v The Queen [2001] WASCA 328

Cases citing this decision · 9 of 9 shown

Do v The State of Western Australia
[2014] WASCA 218

…a [2008] WASCA 48 Gilbert v The Queen [2000] HCA 15; (2000) 201 CLR 414 Krakouer v The Queen [1998] HCA 43; (1998) 194 CLR 202 Marchesano v The Queen [2000] WASCA 225; (2000) 116 A Crim R 237 R v Birks (1990) 19 NSWLR 677 TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124…
Birla Nifty Pty Ltd v International Mining Industry Underwriters Ltd
[2014] WASCA 180

…Ltd [1990] VR 146 Linter Group Ltd (in liq) v Goldberg (1992) 7 ACSR 580 Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Marchesano v The Queen [2000] WASCA 225; (2000) 116 A Crim R 237 Marinovich v The Queen (1990) 46 A Crim R 282 MK & JA Roche Pty Ltd v Metro Edgley Pty Ltd [2005] NSWCA 39 Pownall v Conlan…
Beasley v The State of Western Australia
[2012] WASCA 80 Para 16

…v The Queen [2000] WASCA 194 (three counts of selling and/or possession, including 54.75 g of unknown purity ‑ 4 years 8 months); • Marchesano v The Queen (2000) 116 A Crim R 237 (41.1 g of 20% purity and 1.36 g of 20% purity ‑ 2 years 4 months); • Watt v The Queen [2000] WASCA 354 (6.74 g of between 18-22% purity ‑ 2 years 8 m…
Sabau v The State of Western Australia
[2011] WASCA 53 Para 4

…deterrence. Mitigating circumstances that are personal to the applicant have less weight than they might have in other cases: Marchesano v The Queen [2000] WASCA 225 [41]; Tulloh v The Queen [43], [47]. In determining the seriousness of an offence of this kind, the quantity of the drug involved and its purity are…
Cant v The State of Western Australia
[2009] WASCA 188 Para 3

…offences, mitigating circumstances that are personal to the applicant have less weight then they might have in other cases: Marchesano v The Queen [2000] WASCA 225 [41]; Kezkiropoulos v The Queen [2002] WASCA 352 [15].…
The State of Western Australia v Tran
[2008] WASCA 183 Para 8

…his matters personal to an offender, such as age and good character, have less weight than they might have in other cases: Marchesano v The Queen [2000] WASCA 225; (2000) 116 A Crim R 237 [41] ‑ [42] (Parker J, Kennedy ACJ & Wallwork J concurring); Kezkiropoulos v The Queen [2002] WASCA 352; (2002) 136 A Crim R 522…
Brown v The State of Western Australia
[2008] WASCA 48 Para 11

…idence of a detective, gained through the course of his lengthy experience with drug users, Wallwork J cited with approval, in Marchesano v The Queen [2000] WASCA 225; (2000) 116 A Crim R 237 [21] ‑ [22], the following passages from Anderson v The Queen (1992) 64 A Crim R 312 (at 324 ‑ 325, Olsson J): As is pointed…
Hillmarl Pty Ltd v DOVEBEACH Pty Ltd t/as Mandurah Combined Tyre and Battery Service
[2002] WADC 234

…in judgment(s): Ballato v Pezzano, unreported; SCt of WA; Library No Library No 930474; 26 August 1993 Clark v Ryan (1960) 103 CLR 487 Marchesano v R [2000] WASCA 225 Case(s) also cited: Nil (Page 3) 1 COMMISSIONER GILES : I am asked to rule on the admissibility of reports, and other documents prepared by Mr Robert…
Mishal v The Queen
[2001] WASCA 328

…een (1984) 154 CLR 606 Lowndes v The Queen (1999) 195 CLR 665 Mantini (1997) 95 A Crim R 33 Marchesano (2000) 116 A Crim R 237 Marchesano v The Queen [2000] WASCA 225 Minchinton v The Queen (1998) 104 A Crim R 502 P (1992) 39 FCR 276 Shooter (1997) 97 A Crim R 581 Watt v The Queen [2000] WASCA 354 Calder; unreporte…

View all 9 citing cases →

Cases cited in this decision · 11 of 11 shown

R v Miles
[2016] NZHC 611

…157; 99 ER 589 Hawkins v The Queen, unreported; CCA SCt of WA; Library No 970194; 1 May 1997 Lowndes v The Queen (1999) 195 CLR 665 Miles v The Queen (1997) 17 WAR 518 Paparone v The Queen [2000] WASCA 127 R v Barker (1988) 34 A Crim R 141 R v Darrington (1979) 1 A Crim R 124 R v Doyle (1994) 71 A Crim R 360 R v Gar…
Paparone v The Queen
[2000] WASCA 127

…eported; CCA SCt of WA; Library No 970194; 1 May 1997 Lowndes v The Queen (1999) 195 CLR 665 Miles v The Queen (1997) 17 WAR 518 Paparone v The Queen [2000] WASCA 127 R v Barker (1988) 34 A Crim R 141 R v Darrington (1979) 1 A Crim R 124 R v Doyle (1994) 71 A Crim R 360 R v Gardner [1980] Qd R 531 R v Marinovich (1…
Miles v The Queen
[2000] HCATrans 120

…dd (1782) 3 Dougl 157; 99 ER 589 Hawkins v The Queen, unreported; CCA SCt of WA; Library No 970194; 1 May 1997 Lowndes v The Queen (1999) 195 CLR 665 Miles v The Queen (1997) 17 WAR 518 Paparone v The Queen [2000] WASCA 127 R v Barker (1988) 34 A Crim R 141 R v Darrington (1979) 1 A Crim R 124 R v Doyle (1994) 71 A Crim R…
Sikaloski v The Queen
[2000] WASCA 63

…4 A Crim R 465 Darwell v The Queen (1997) 94 A Crim R 35 R v Dao, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 Sikaloski v The Queen [2000] WASCA 63 Clark v Ryan (1960) 103 CLR 486 Commissioner of Taxation (Cth) v ICI Australia Ltd (1972) 127 CLR 529 Eagles v Orth [1976] Qd R 313 English Exporters…
Suresh v The Queen
[1998] HCA 23

…novich (1990) 46 A Crim R 282 R v Onea (1994) 74 A Crim R 395 R v Osenkowski (1982) 5 A Crim R 394 R v Reed (1993) 65 A Crim R 434 Suresh v The Queen (1998) 72 ALJR 769 Transport Publishing Co Pty Ltd v Literature Board of Review (1956) 99 CLR 111 Vodanovic v The Queen, unreported; CCA SCt of WA; Library No 960056; 9…
Anderson v The Queen
[1993] HCA 59

…Anderson v The Queen (1992) 64 A Crim R 312 Bellissimo v The Queen (1996) 84 A Crim R 465 Darwell v The Queen (1997) 94 A Crim R 35 R v Dao, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 Sikaloski v The Queen [2000] WASCA 63 Clark v Ryan (1960) 103 CLR 486 Commissioner of Taxation (Cth) v ICI Australia Ltd (19…
Clark v Ryan
[1960] HCA 42

…Queen (1997) 94 A Crim R 35 R v Dao, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 Sikaloski v The Queen [2000] WASCA 63 Clark v Ryan (1960) 103 CLR 486 Commissioner of Taxation (Cth) v ICI Australia Ltd (1972) 127 CLR 529 Eagles v Orth [1976] Qd R 313 English Exporters (London) Ltd v Eldonwall Ltd [1…
Transport Publishing Co Pty Ltd v The Literature Board of Review
[1956] HCA 73

…82) 5 A Crim R 394 R v Reed (1993) 65 A Crim R 434 Suresh v The Queen (1998) 72 ALJR 769 Transport Publishing Co Pty Ltd v Literature Board of Review (1956) 99 CLR 111 Vodanovic v The Queen, unreported; CCA SCt of WA; Library No 960056; 9 February 1996 Yager v R [1977] WAR 17…
Federal Commissioner of Taxation v ICI Australia Ltd
[1972] HCA 75

…y No 990015; 22 January 1999 Sikaloski v The Queen [2000] WASCA 63 Clark v Ryan (1960) 103 CLR 486 Commissioner of Taxation (Cth) v ICI Australia Ltd (1972) 127 CLR 529 Eagles v Orth [1976] Qd R 313 English Exporters (London) Ltd v Eldonwall Ltd [1973] Ch 415 Folkes v Chadd (1782) 3 Dougl 157; 99 ER 589 Hawkins v The…
Lowndes v The Queen
[1999] HCA 299

…ldonwall Ltd [1973] Ch 415 Folkes v Chadd (1782) 3 Dougl 157; 99 ER 589 Hawkins v The Queen, unreported; CCA SCt of WA; Library No 970194; 1 May 1997 Lowndes v The Queen (1999) 195 CLR 665 Miles v The Queen (1997) 17 WAR 518 Paparone v The Queen [2000] WASCA 127 R v Barker (1988) 34 A Crim R 141 R v Darrington (1979) 1 A Cri…
Folkes v Chadd
99 ER 589

…Ltd (1972) 127 CLR 529 Eagles v Orth [1976] Qd R 313 English Exporters (London) Ltd v Eldonwall Ltd [1973] Ch 415 Folkes v Chadd (1782) 3 Dougl 157; 99 ER 589 Hawkins v The Queen, unreported; CCA SCt of WA; Library No 970194; 1 May 1997 Lowndes v The Queen (1999) 195 CLR 665 Miles v The Queen (1997) 17 WAR…

Legislation cited in this decision · 0

No legislation cited in this case.