"P" -v- THE QUEEN [2003] WASCA 180
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 180 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:153/2001 | 17 JULY 2003 | |
| Coram: | MURRAY ACJ ANDERSON J STEYTLER J | 13/08/03 | |
| 9 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal refused | ||
| B | |||
| PDF Version |
| Parties: | "P" THE QUEEN |
Catchwords: | Criminal law and procedure Appeal against sentence Whether sentencing Judge erred in imposing minimum term of twothirds of head term Turns on own facts |
Legislation: | Criminal Code, s 689(3) Customs Act 1901, s 233B Sentencing Act 1995, s 95 |
Case References: | "X" v The Queen [2000] WASCA 355 Dinsdale v The Queen (2000) 202 CLR 321 Lowndes v The Queen (1999) 195 CLR 665 R v Thom (2001) 126 A Crim R 196 B (A Child) v The Queen, unreported; CCA SCt of WA; Library No 950482; 15 August 1995 Boxtel v The Queen [1994] 2 VR 98 Cameron v The Queen (2002) 209 CLR 339 Grimwood v The Queen [2002] WASCA 135 Heryadi v The Queen (1998) 19 WAR 383 Nguyen v The Queen (2001) 160 FLR 216 R v Atholwood (1999) 109 A Crim R 465 R v Bellissimo (1996) 84 A Crim R 465 R v Darwell (1997) 94 A Crim R 35 R v El Karhani (1990) 51 A Crim R 123 R v Oancea (1990) 51 A Crim R 141 R v Paunovic (1990) 51 A Crim R 174 R v Peterson [1984] WAR 329 Radebe v The Queen (2001) 162 FLR 313 Thompson v The Queen (1999) 73 ALJR 1319 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : "P" -v- THE QUEEN [2003] WASCA 180 CORAM : MURRAY ACJ
- ANDERSON J
STEYTLER J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Appeal against sentence - Whether sentencing Judge erred in imposing minimum term of twothirds of head term - Turns on own facts
Legislation:
Criminal Code, s 689(3)
Customs Act 1901, s 233B
Sentencing Act 1995, s 95
(Page 2)
Result:
Leave to appeal refused
Category: B
Representation:
Counsel:
Applicant : In person
Respondent : Mr D W L Renton
Solicitors:
Applicant : In person
Respondent : Commonwealth Director of Public Prosecutions
Case(s) referred to in judgment(s):
"X" v The Queen [2000] WASCA 355
Dinsdale v The Queen (2000) 202 CLR 321
Lowndes v The Queen (1999) 195 CLR 665
R v Thom (2001) 126 A Crim R 196
Case(s) also cited:
B (A Child) v The Queen, unreported; CCA SCt of WA; Library No 950482; 15 August 1995
Boxtel v The Queen [1994] 2 VR 98
Cameron v The Queen (2002) 209 CLR 339
Grimwood v The Queen [2002] WASCA 135
Heryadi v The Queen (1998) 19 WAR 383
Nguyen v The Queen (2001) 160 FLR…
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- AGLC
- "P" v The Queen [2003] WASCA 180
- Case
- [2003] WASCA 180
- Decision Date
CaseChat Overview and Summary
In this matter, the appellant, "P", sought leave to appeal against the sentence imposed by the sentencing Judge, challenging the decision to set a minimum term of two-thirds of the head term. The case was heard by the High Court of Australia, which was required to determine whether the sentencing Judge had erred in this aspect of the sentence.
The legal issue before the court was whether the sentencing Judge had correctly applied the principles of sentencing, particularly in relation to the imposition of the minimum term of two-thirds of the head term. The appellant contended that the sentence was excessive and that the Judge had failed to properly consider the mitigating factors in the case. The Crown argued that the sentence was appropriate and that the Judge had correctly applied the law.
The court found that the sentencing Judge had not erred in imposing the minimum term of two-thirds of the head term. The court held that the Judge had properly considered the relevant principles of sentencing and had exercised their discretion in a manner consistent with the law. The court also found that the sentence was not excessive, having regard to the nature and circumstances of the offence and the appellant's criminal history. The court therefore refused the appellant's application for leave to appeal.
The legal issue before the court was whether the sentencing Judge had correctly applied the principles of sentencing, particularly in relation to the imposition of the minimum term of two-thirds of the head term. The appellant contended that the sentence was excessive and that the Judge had failed to properly consider the mitigating factors in the case. The Crown argued that the sentence was appropriate and that the Judge had correctly applied the law.
The court found that the sentencing Judge had not erred in imposing the minimum term of two-thirds of the head term. The court held that the Judge had properly considered the relevant principles of sentencing and had exercised their discretion in a manner consistent with the law. The court also found that the sentence was not excessive, having regard to the nature and circumstances of the offence and the appellant's criminal history. The court therefore refused the appellant's application for leave to appeal.
Orders
Orders of the court
Leave to appeal refused
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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