Messiha v Royce

Case [2004] WASCA 87


MESSIHA -v- ROYCE [2004] WASCA 87


Link to Appeal :

SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 87
Case No:SJA:1002/200410 MARCH 2004
Coram:SIMMONDS J10/05/04
42Judgment Part:1 of 1
Result: Appeal dismissed
D
PDF Version
Parties:REDA MESSIHA
BRADLEY JAMES ROYCE

Catchwords:

Appeal against sentence imposed in Court of Petty Sessions
Whether sentence imposed was manifestly excessive
Whether Magistrate erred in imposing custodial sentence without eligibility for parole

Legislation:

Criminal Code Act 1913 (WA), s 317(1)
Firearms Act 1973 (WA), s 23(5)(c)
Interpretation Act 1984 (WA), s 18, s 19
Justices Act 1902 (WA), Pt 8
Misuse of Drugs Act 1981 (WA), s 5(1)(d)(i)
Police Act 1892 (WA), s 69
Road Traffic Act 1974 (WA), s 49(1)(a), s 49(2)(a)(iv), s 49(3b)
Sentencing Act 1995 (WA), s 6(4), s 8(2), s 8(4), s 15, s 89(4)

Case References:

AB v R (1999) 198 CLR 111
Abdullah v The Queen [2002] WASCA 57
Aburn v Sears, unreported; SCt of WA (Scott J); Library No 970508; 2 October 1997
Dicks v Farrell [2001] WASCA 124
Dominish v Cavallaro (1980) WAR 205
Garlett v The Queen (2000) 111 A Crim R 336
Holland v R [1999] WASCA 43
Kilner v The Queen [1999] WASCA 189
Kitts v The Queen [2000] WASCA 113
Lowe v The Queen (1984) 154 CLR 606
Lowndes v The Queen (1999) 195 CLR 665
Marker v The Queen [2002] WASCA 282
Miles v R (1997) 17 WAR 518
Oleksiuk v Downing, unreported; SCt of WA (Seaman J); Library No 940189; 8 April 1994
R v Dinsdale (2000) 115 A Crim R 558
R v Hodges [1999] WASCA 278
R v Nevermann (1989) 43 A Crim R 347
R v Roberts [2003] WASCA 203
R v Sorry (North Eastern Area) Assessment Committee (1948) 1 KB 28
Sheppard v Blakey [2001] WASCA 309
Taylor v The Queen [2004] WASCA 31
Thompson v R (1992) 8 WAR 387
Verschusen v R (1996) 17 WAR 467
Wongawol v R (1998) 101 A Crim R 350
Yanko v The Queen [2004] WASCA 37

Nevermann v The Queen (1989) 43 A Crim R 347
R v Olbrich (1999) 199 CLR 270
Wong v The Queen (2001) 185 ALR 233

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : MESSIHA -v- ROYCE [2004] WASCA 87 CORAM : SIMMONDS J HEARD : 10 MARCH 2004 DELIVERED : 10 MAY 2004 FILE NO/S : SJA 1002 of 2004 BETWEEN : REDA MESSIHA
    Appellant

    AND

    BRADLEY JAMES ROYCE
    Respondent


ON APPEAL FROM:

Jurisdiction : COURT OF PETTY SESSIONS

Coram : MR CULLEN SM

File Number : PE36996098/03



Catchwords:

Appeal against sentence imposed in Court of Petty Sessions - Whether sentence imposed was manifestly excessive - Whether Magistrate erred in imposing custodial sentence without eligibility for parole



(Page 2)

Legislation:

Criminal CodeAct 1913 (WA), s 317(1)


Firearms Act 1973 (WA), s 23(5)(c)
Interpretation Act 1984 (WA), s 18, s 19
Justices…

Continue reading Messiha v Royce

Sign in free to access the full text

Details
AGLC
Messiha v Royce [2004] WASCA 87
Case
[2004] WASCA 87
Decision Date

CaseChat Overview and Summary

The case of Messiha v Royce involved an appeal against the sentence imposed by a magistrate in the Court of Petty Sessions. The defendant, Messiha, was found guilty of a criminal offence and was sentenced to a term of imprisonment. Messiha argued that the sentence was manifestly excessive and that the magistrate had erred in imposing a custodial sentence without considering eligibility for parole.

The legal issues that the court needed to determine were whether the sentence imposed by the magistrate was manifestly excessive, and whether the magistrate erred in imposing a custodial sentence without considering the possibility of parole. The court needed to examine the circumstances of the case and the principles that should be applied when imposing a sentence.

The court found that the sentence imposed by the magistrate was not manifestly excessive and that the magistrate had not erred in imposing a custodial sentence without considering eligibility for parole. The court held that the sentence was within the range of penalties that could be imposed for the offence and that the magistrate had properly considered the relevant factors when imposing the sentence. The court also held that the possibility of parole was not a mandatory consideration when imposing a custodial sentence.

The appeal was dismissed, and the sentence imposed by the magistrate was upheld. The court found that the sentence was appropriate and that the magistrate had not erred in imposing it. The court held that the appeal was without merit and that the sentence should be upheld.

Orders

Orders of the court

Appeal dismissed

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.