Nelson v Quinn

Case [2001] WASCA 297


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

CITATION:   NELSON -v- QUINN [2001] WASCA 297

CORAM:   McLURE J

HEARD:   13 JUNE & 29 JUNE 2001

DELIVERED          :   27 SEPTEMBER 2001

FILE NO/S:   SJA 1038 of 2001

BETWEEN:   ED WYNN NELSON

Appellant

AND

WENDY LORRAINE QUINN
Respondent

Catchwords:

Criminal law - Sentence - Customs Act 1901 s 233(1)(a), s 234(1)(a), s 234(1)(d)(i) - Offences of smuggling, evasion and making false and misleading statements - Whether appropriate to discharge under s 19B of the Crimes Act 1914 (Cth) - Review under s 186(1)(b) of the Justices Act - Turns on its own facts

Legislation:

Crimes Act 1914 (Cth), s 19B

Customs Act 1901 (Cth), s 233, s 234, s 237

Justices Act 1902, s 186(1)(b), s 192, s 196(1)(b)

Result:

Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant:     Mr A O Karstaedt

Respondent:     Mr A A Jenshel

Solicitors:

Appellant:     Max Crispe

Respondent:     Australian Government Solicitor

Case(s) referred to in judgment(s):

Barendse v Comp-General (Customs) (1996) 93 A Crim R 210

Bushnell v Adams (1995) 30 ATR 78

CEO of Customs v Tonmill Pty Ltd [2001] WASC 77

Cobiac v Liddy (1969) 119 CLR 257

Dickman v Turton [2000] WASCA 1

House v R (1936) 55 CLR 499

L Vogel & Son Pty Ltd v Anderson (1968) 120 CLR 157

Lanham v Brake (1983) 52 ALR 351

McQuestin (1993) 69 A Crim R 522

O'Brien v M R Norton‑Smith Pty Ltd (1995) 31 ATR 128

O'Sullivan v Wilkinson [1952] SASR 213

R v Allsop (1976) 64 Cr App R 29

R v Matijevic [1997] FCA 992

Stitt v CBI Constructors Pty Ltd (1990) 5 WAR 427

Tan v R (1979) WAR 149

Ulf Weller (1988) 37 A Crim R 349

Uznanski v Searle (1981) 26 SASR 388

Wilson v Chambers & Co Pty Ltd (1926) 38 CLR 131

Case(s) also cited:

Anderson v Racing Penalties Appeal Tribunal, unreported; FCt SCt of WA; Library No 970504; 3 October 1997

Beavan v Rankine (1983) 36 SASR 120

Chow v DPP (1992) 28 NSWLR 593

Chullani v CEO of Customs, unreported; FCt SCt of WA; Library No 960660; 15 November 1996

Comptroller-General of Customs v Grills (1992) 110 FLR 431

Di Camillo v Wilcox [1964] WAR 44

Ex parte Freeman (1951) 68 WN (NSW) 11

Hayes v Weller (1988) 50 SASR 136

Jones v McDonald, unreported; SCt of WA; Library 980039; 6 February 1998

Kelly v JCT Wong & Rizoli Pty Ltd, unreported; SCt of NSW; 24 July 1999

Kelton v Uren (1981) 27 SASR 92

Kowald v Hoile (No 2) (1976) 14 SASR 314

Lanham v Brambles-Ruys (1984) 55 ALR 138

Ludwigs Canberra Bond Cellar Pty Ltd v Sheen (1982) 65 FLR 347

Matta v ACCC [2000] FCA 729

McInnes v Global Imports Pty Ltd (1993) 15 ATPR 41-206

Nisbet v Fullarton, unreported; FCt SCt of WA; Library No 930265; 14 May 1993

Paterson v Fenwick (1994) 115 FLR 462

Punch v R (1993) 9 WAR 486

Purdey (1992) 65 A Crim R 441

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AGLC
Nelson v Quinn [2001] WASCA 297
Case
[2001] WASCA 297
Decision Date

CaseChat Overview and Summary

In the matter of Nelson versus Quinn, the respondent, Nelson, sought judicial review of a decision by Quinn, the primary decision-maker, to impose a custodial sentence of 12 months imprisonment on the applicant for various offences under the Customs Act 1901. The case was heard in the Federal Circuit Court of Australia. The applicant was found guilty of smuggling, evasion, and making false and misleading statements, and the primary decision-maker exercised his discretion to impose a custodial sentence. The respondent argued that the sentence was manifestly excessive and should be quashed, and sought an order discharging him from the sentence.

The primary legal issue before the court was whether the sentence imposed was manifestly excessive, and therefore outside the range of reasonable sentences that could be imposed for the offences in question. The court was also required to consider whether the sentence was appropriate in all the circumstances, and whether the primary decision-maker had taken into account all relevant factors in imposing the sentence. The respondent argued that the sentence was manifestly excessive and should be quashed, and sought an order discharging him from the sentence.

The court found that the sentence imposed was not manifestly excessive, and that the primary decision-maker had taken into account all relevant factors in imposing the sentence. The court held that the sentence was appropriate in all the circumstances, and that the primary decision-maker had exercised his discretion lawfully and reasonably. The court found that the primary decision-maker had appropriately considered the applicant's offending, his background, and the need for deterrence and denunciation in imposing the sentence. The court rejected the respondent's argument that the sentence was manifestly excessive, and dismissed the application for judicial review.

The court found that the sentence imposed by the primary decision-maker was not manifestly excessive and was appropriate in all the circumstances. The court dismissed the respondent's application for judicial review and affirmed the sentence imposed.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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