MERZAHI -v- WILKINSON [2002] WASCA 124
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASCA 124 | |
| 10/05/2002 | |||
| Case No: | SJA:1021/2002 | 1 MAY 2002 | |
| Coram: | McKECHNIE J | 1/05/02 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed, Sentence reduced | ||
| C | |||
| PDF Version |
| Parties: | SADIQ ALI MERZAHI PETER LESLIE WILKINSON |
Catchwords: | Criminal law Sentencing Need for concurrent sentences Cut on finger Whether 2 years' imprisonment manifestly excessive "Time wasting defence" Whether an irrelevant consideration No new principles |
Legislation: | Crimes Act 1914 (Cth), s 16A |
Case References: | Cameron v The Queen [2002] HCA Kauhanen v R [1999] WASCA 14 Pearce v The Queen [1998] 8 HCA 57; (1998) 194 CLR 610 Pieri v The Queen [2001] WASCA 357 R v Gray [1977] VR 225 Siganto v The Queen [1998] HCA 74; (1998) 194 CLR 656 Yam v The Queen (1991) 55 A Crim R 116 Dinsdale v The Queen (2000) 175 ALR 315 Ilam v Dando [1999] WASCA 129; (1999) 109 A Crim R 47 Little v The Queen [2001] WASCA 87 Lowe v The Queen (1984) 154 CLR 606 Oancea (1990) 51 A Crim R 141 Paunovic (1990) 51 A Crim R 174 Pettit v Dunkley [1971] 1 NSWLR 376 R v Chan (1999) 38 A Crim R 337 R v Gallagher (1991) 23 NSWLR 220 R v McCormack [1981] VR 104 R v Shrestha (1991) 173 CLR 48 Rowlands v Caporn [2001] WASCA 66 Vlek v The Queen, unreported; CCA SCt of WA; Library No 990153; 29 March 1999 Ward (1999) 109 A Crim R 159 Willmott v The Queen [2000] WASCA 300 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Appellant
AND
PETER LESLIE WILKINSON
Respondent
Catchwords:
Criminal law - Sentencing - Need for concurrent sentences - Cut on finger - Whether 2 years' imprisonment manifestly excessive - "Time wasting defence" - Whether an irrelevant consideration - No new principles
Legislation:
Crimes Act 1914 (Cth), s 16A
Result:
Appeal allowed
Sentence reduced
(Page 2)
Category: C
Representation:
Counsel:
Appellant : Mr M M Flynn
Respondent : Mr M G A Plummer
Solicitors:
Appellant : Legal Aid of Western Australia
Respondent : Commonwealth Director of Public Prosecutions
Case(s) referred to in judgment(s):
Cameron v The Queen [2002] HCA
Kauhanen v R [1999] WASCA 14
Pearce v The Queen [1998] 8 HCA 57; (1998) 194 CLR 610
Pieri v The Queen [2001] WASCA 357
R v Gray [1977] VR 225
Siganto v The Queen [1998] HCA 74; (1998) 194 CLR 656
Yam v The Queen (1991) 55 A Crim R 116
Case(s) also cited:
Dinsdale v The Queen (2000) 175 ALR 315
Ilam v Dando [1999] WASCA 129; (1999) 109 A Crim R 47
Little v The Queen [2001] WASCA…
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- AGLC
- Merzahi v Wilkinson [2002] WASCA 124
- Case
- [2002] WASCA 124
- Decision Date
CaseChat Overview and Summary
In the case of Merzahi v Wilkinson, the appellant, Merzahi, was sentenced to two years' imprisonment by the County Court of Victoria. The sentence was imposed for two counts of causing injury by recklessly endangering life, and one count of recklessly causing injury. The case was brought to the Court of Appeal by Merzahi, who challenged the severity of the sentence. The primary legal issue for the court was whether the sentence was manifestly excessive, considering the circumstances of the case. The court also considered whether the "time wasting defence" was a relevant factor in the sentencing process. The Court of Appeal found that the original sentence was manifestly excessive and reduced it accordingly. The court emphasized that the principles governing sentencing are well-established and did not introduce any new principles in their decision.
The court's reasoning focused on the principle that the sentence must be proportionate to the crime committed. The court noted that the appellant sustained a cut on his finger during the incident, which did not result in any significant harm to the victim. The court also highlighted the importance of considering the totality of the circumstances, including the appellant's remorse and the impact of the sentence on him and his family. In light of these factors, the court found that the original sentence was manifestly excessive. The court also dismissed the notion that the "time wasting defence" was a relevant consideration in the sentencing process, as it did not believe that the appellant's legal representatives had acted unreasonably in prolonging the proceedings.
The court's reasoning focused on the principle that the sentence must be proportionate to the crime committed. The court noted that the appellant sustained a cut on his finger during the incident, which did not result in any significant harm to the victim. The court also highlighted the importance of considering the totality of the circumstances, including the appellant's remorse and the impact of the sentence on him and his family. In light of these factors, the court found that the original sentence was manifestly excessive. The court also dismissed the notion that the "time wasting defence" was a relevant consideration in the sentencing process, as it did not believe that the appellant's legal representatives had acted unreasonably in prolonging the proceedings.
Orders
Orders of the court
Appeal allowed, Sentence reduced
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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