Merzahi v Wilkinson

Case [2002] WASCA 124


MERZAHI -v- WILKINSON [2002] WASCA 124



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 124
10/05/2002
Case No:SJA:1021/20021 MAY 2002
Coram:McKECHNIE J1/05/02
10Judgment 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
CITATION : MERZAHI -v- WILKINSON [2002] WASCA 124 CORAM : McKECHNIE J HEARD : 1 MAY 2002 DELIVERED : 1 MAY 2002 PUBLISHED : 10 MAY 2002 FILE NO/S : SJA 1021 of 2002 BETWEEN : SADIQ ALI MERZAHI
    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…

Continue reading Merzahi v Wilkinson

Sign in free to access the full text

Details
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.

Orders

Orders of the court

Appeal allowed, Sentence reduced

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.