NELIS -v- THE QUEEN [2000] WASCA 194
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 194 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:51/2000 | 18 JULY 2000 | |
| Coram: | KENNEDY ACJ WALLWORK J MILLER J | 2/08/00 | |
| 6 | Judgment Part: | 1 of 1 | |
| Result: | Application for leave to appeal dismissed | ||
| PDF Version |
| Parties: | JOHN LAWRENCE NELIS THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing Two counts of selling amphetamines and one count of possessing amphetamines with intent to sell or supply Total of 109.79 grams of amphetamines Commercial dealer Not addict Sentences of 3 years, 7 years and 3 years, to be served concurrently Deprived background Psychiatric disorder Sentences not interfered with |
Legislation: | Nil |
Case References: | Paparone v The Queen [2000] WASCA 127 R v Votano [2000] WASCA 144 Dao v The Queen, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 Lang v The Queen, unreported; CCA SCt of WA; Library No 940484; 6 September 1994 Lowndes v The Queen (1999) 195 CLR 665 R v Bellissimo (1996) 84 A Crim R 465 R v Darwell (1997) 94 A Crim R 35 R v Doyle (1994) 71 A Crim R 360 Sikaloski v The Queen [2000] WASCA 63 Trescuri v The Queen [1999] WASCA 172 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : NELIS -v- THE QUEEN [2000] WASCA 194 CORAM : KENNEDY ACJ
- WALLWORK J
MILLER J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Two counts of selling amphetamines and one count of possessing amphetamines with intent to sell or supply - Total of 109.79 grams of amphetamines - Commercial dealer - Not addict - Sentences of 3 years, 7 years and 3 years, to be served concurrently - Deprived background - Psychiatric disorder - Sentences not interfered with
Legislation:
Nil
Result:
Application for leave to appeal dismissed
(Page 2)
Representation:
Counsel:
Applicant : Mr A J Maughan
Respondent : Ms J A Girdham
Solicitors:
Applicant : Andrew Maughan
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Paparone v The Queen [2000] WASCA 127
R v Votano [2000] WASCA 144
Case(s) also cited:
Dao v The Queen, unreported; CCA SCt of WA; Library No 990015; 22 January 1999
Lang v The Queen, unreported; CCA SCt of WA; Library No 940484; 6 September 1994
Lowndes v The Queen (1999) 195 CLR 665
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
R v Doyle (1994) 71 A Crim R 360
Sikaloski v The Queen [2000] WASCA 63
Trescuri v The Queen [1999] WASCA 172
(Page 3)
1 KENNEDY ACJ: I have had the benefit of reading in draft the reasons to be published by Wallwork J, with which I am in…
Continue reading Nelis v The Queen
Sign in free to access the full text
Details
- AGLC
- Nelis v The Queen [2000] WASCA 194
- Case
- [2000] WASCA 194
- Decision Date
CaseChat Overview and Summary
The case of Nelis v The Queen dealt with an individual convicted of two counts of selling amphetamines and one count of possessing amphetamines with intent to sell or supply. The total quantity of amphetamines involved in the offences amounted to 109.79 grams, indicating a significant involvement in drug dealing. The appellant, Nelis, was identified as a commercial dealer rather than an addict, a distinction that carries implications for the severity of the sentence. The court was tasked with determining the appropriate sentence for these serious drug-related offences.
The primary legal issues before the court were the appropriate sentencing approach for the appellant's drug-related offences and the application of any mitigating factors, such as the appellant's deprived background and psychiatric disorder. The court needed to balance these factors against the gravity of the crimes and the need for deterrence and denunciation. The court also had to consider whether the cumulative sentences of three years, seven years, and three years, which were to be served concurrently, were appropriate in light of the appellant's background and the nature of the offences.
In delivering its judgment, the court emphasised the seriousness of the drug offences and the need for a sentence that adequately reflected these crimes. The court recognised the appellant's deprived background and psychiatric disorder but concluded that these factors did not warrant a substantial departure from the overall sentence. The court was satisfied that the sentences imposed were proportionate to the gravity of the offences and the need for general deterrence. Consequently, the court dismissed the application for leave to appeal, affirming the sentences as appropriate.
The primary legal issues before the court were the appropriate sentencing approach for the appellant's drug-related offences and the application of any mitigating factors, such as the appellant's deprived background and psychiatric disorder. The court needed to balance these factors against the gravity of the crimes and the need for deterrence and denunciation. The court also had to consider whether the cumulative sentences of three years, seven years, and three years, which were to be served concurrently, were appropriate in light of the appellant's background and the nature of the offences.
In delivering its judgment, the court emphasised the seriousness of the drug offences and the need for a sentence that adequately reflected these crimes. The court recognised the appellant's deprived background and psychiatric disorder but concluded that these factors did not warrant a substantial departure from the overall sentence. The court was satisfied that the sentences imposed were proportionate to the gravity of the offences and the need for general deterrence. Consequently, the court dismissed the application for leave to appeal, affirming the sentences as appropriate.
Orders
Orders of the court
Application for leave to 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.