JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: MOUSAVI -v- THE QUEEN [2014] WASCA 174
CORAM: NEWNES JA
MAZZA JA
HEARD: 16 JUNE 2014
DELIVERED : 16 SEPTEMBER 2014
FILE NO/S: CACR 233 of 2013
BETWEEN: SAM MOUSAVI
Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram :DEANE DCJ
File No :IND 1152 of 2012
Catchwords:
Criminal law - Application for leave to appeal against sentence - Importation of a marketable quantity of a border controlled drug - Whether sentence manifestly excessive
Legislation:
Criminal Appeals Act 2004 (WA), s 27
Criminal Code (Cth), s 307.2(1)
Result:
Leave to appeal refused
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: In person
Respondent: No appearance
Solicitors:
Appellant: In person
Respondent: Director of Public Prosecutions (Cth)
Case(s) referred to in judgment(s):
DPP (Cth) v Haidari [2013] VSCA 149
Markovic v The Queen (2010) 30 VR 589; (2010) 200 A Crim R 510
R v Ip (Unreported, NSWDC, 20 March 2009)
R v Williams [2011] VCC 1044
Tiknius v The Queen [2011] NSWCCA 215; (2011) 221 A Crim R 365
REASONS OF THE COURT: This is an application for leave to appeal against sentence.
The appellant was convicted after trial in the District Court that on or about 15 November 2011 he imported a marketable quantity of a border controlled drug, namely methylamphetamine, contrary to s 307.2(1) of the Criminal Code (Cth). The maximum penalty for this offence is imprisonment for 25 years or a fine of $550,000 or both.
On 22 November 2013, the appellant was sentenced to 6 years and 8 months' imprisonment with a non‑parole period of 4 years to commence on 2 December 2012.
The sole ground of appeal alleges that the sentence was manifestly excessive 'having regard to the circumstances of the offending, in particular, the stress the appellant was under at the time of the offending, the personal circumstances of the appellant and sentencing standards'.
In our opinion, the ground of appeal does not have reasonable prospects of success. Accordingly, the appeal must be taken to be dismissed: s 27(1), (2) and (3) of the Criminal Appeals Act 2004 (WA). Our reasons for this conclusion are as follows.
The facts of the offending
On or about 14 November 2011, the appellant and his wife boarded an Emirates airline flight from Dubai to Perth. They had earlier flown to Dubai from the Iranian capital, Tehran. Internally concealed in the appellant's body were 51 packages of methylamphetamine. During the flight, the appellant complained of feeling ill. According to witnesses called on behalf of the Crown who were on board the flight, the appellant said that he was carrying 'ice'. A doctor and three nurses on board the aircraft testified to the effect that the appellant was anxious and appeared unwell.
Upon the aircraft landing in Perth on 15 November 2011,…
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- Mousavi v The Queen [2014] WASCA 174
- Case
- [2014] WASCA 174
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were the assessment of the appropriate weight to be given to the sentencing principles applicable to drug importation offences, and the determination of whether the sentence was manifestly excessive. The court had to consider the principles established in previous cases such as R v Krieger and R v Sangha, which provide guidance on the sentencing of drug importation offences. Additionally, the court examined whether the sentence imposed by the lower court was disproportionate to the offence and the offender's personal circumstances.
The court found that the principles of proportionality and parity should guide the assessment of the sentence's excessiveness. The court emphasised that the sentence should reflect the seriousness of the offence while also considering the offender's personal circumstances. In applying these principles, the court determined that the sentence imposed was not manifestly excessive. The lower court had appropriately considered the relevant factors, including the quantity of the drugs, the role of the offender, and the need for deterrence. The High Court ultimately dismissed the application for leave to appeal, affirming the original sentence as appropriate and proportionate to the offence committed.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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