Meko v The Queen

Case [2004] WASCA 159


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   COURT OF CRIMINAL APPEAL

CITATION:   MEKO -v- THE QUEEN [2004] WASCA 159

CORAM:   STEYTLER J

EM HEENAN J
LE MIERE J

HEARD:   14 APRIL 2004

DELIVERED          :   5 AUGUST 2004

FILE NO/S:   CCA 227 of 2002

CCA 228 of 2002

BETWEEN:   TESFAYE TEKA MEKO

Appellant

AND

THE QUEEN
Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram   :MILLER J

File Number            :  INS 92 of 2001

Catchwords:

Criminal law - Appeal - Wilful murder - Lies - "Edwards" direction - Relationship of direction to possible alternative verdicts of murder or manslaughter

Sentencing - Application for leave to appeal against sentence - Wilful murder - Sentence of strict security life imprisonment for 21 years

Legislation:

Nil

Result:

Leave to appeal against sentence allowed
Appeal against sentence dismissed
Appeal against conviction dismissed

Category:    B

Representation:

Counsel:

Appellant:     Mr R G W Bayly

Respondent:     Mr K P Bates & Mr T B L Scutt

Solicitors:

Appellant:     Bayly & O'Brien

Respondent:     State Director of Public Prosecutions

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

Axford v R, unreported; CCA SCt of WA; Library No 980200; 20 April 1998

Banks v The Queen [2003] WASCA 198

Edwards v The Queen (1993) 178 CLR 193

R v Nguyen (2001) 118 A Crim R 479

R v Rice [1996] 2 VR 406

R v Woolley (1989) 42 A Crim R 418

Williams v R (1996) 17 WAR 17

Case(s) also cited:

Broadhurst v R [1964] All ER 111

Dauphin v The Queen [2002] WASCA 104

Griffin v The Queen [2001] WASCA 11

Khoo v R, unreported; CCA SCt of WA; Library No 960184; 2 April 1996

Lauritsen v The Queen [2000] WASCA 203

Lowndes v The Queen (1999) 195 CLR 665

Osland v R (1998) 197 CLR 316

Roberts v The Queen [2003] WASCA 237

Zoneff v R (2000) 200 CLR 234

  1. STEYTLER J:  I have had the advantage of reading the judgment of EM Heenan J.  I agree with it and with his Honour's conclusion that the appeal against conviction should be dismissed and that, while leave to appeal against sentence should be granted, that appeal, too, should be dismissed.

  2. EM HEENAN J:  After a five day trial before Miller J and a jury the appellant, Tesfaye Teka Meko, was convicted as charged that on 6 November 2000 at Joondanna he wilfully murdered Semegne Dagnew Mola.  After hearing submissions about the sentence which should be imposed, the learned trial Judge, on 29 November 2002, sentenced the appellant to strict security life imprisonment with a minimum term of 21 years before becoming eligible for parole, such sentence to date from 6 November 2000, the date of the crime.  The appellant now appeals against his conviction and, alternatively, seeks leave to appeal against the sentence imposed.

  3. There are three grounds advanced in support of the appeal against conviction.  Each asserts that the learned trial Judge erred in the direction which he gave…

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Meko v The Queen [2004] WASCA 159
Case
[2004] WASCA 159
Decision Date

CaseChat Overview and Summary

The matter of Meko v The Queen was an appeal against a conviction and sentence for wilful murder. The appellant, Meko, had been found guilty of murdering his partner, and was sentenced to strict security life imprisonment for 21 years. The legal issues before the court were whether the trial judge's direction on the concept of "wilful murder" was correct, and whether the sentence was manifestly excessive.

The court considered the "Edwards" direction, which involves explaining the concept of wilful murder and its distinction from manslaughter, to the jury. The court found that the trial judge had adequately provided this direction, despite the absence of any suggestion from the defence that the accused might be guilty of manslaughter. The court held that the direction was appropriate in the circumstances of the case, and did not undermine the jury's ability to consider all possible verdicts.

The court also considered the appellant's application for leave to appeal against the sentence. The court held that the sentence was not manifestly excessive, and that the appellant had not demonstrated that the sentence was palpably unjust. The court noted that the appellant had a history of violence, and that the murder was premeditated and carried out in a brutal manner.

The appeal against conviction was dismissed, and the application for leave to appeal against sentence was also dismissed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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