Paparone v The Queen

Case [2000] WASCA 127


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   COURT OF CRIMINAL APPEAL

CITATION:   PAPARONE -v- THE QUEEN [2000] WASCA 127

CORAM:   KENNEDY J

WALLWORK J
MURRAY J

HEARD:   11 FEBRUARY 2000

DELIVERED          :   12 MAY 2000

FILE NO/S:   CCA 225 of 1999

BETWEEN:   CARMELO JOSEF PAPARONE

Applicant

AND

THE QUEEN
Respondent

Catchwords:

Criminal law and procedure - Sentencing - Manufacturing amphetamines - Possession of methylamphetamine with intent to sell or supply it to another (two counts) - Diagnosis of attention deficit/hyperactivity disorder - Whether causal connection between disorder and offending behaviour - Effect of disorder on sentence - Principles discussed - Sentences of 2-1/2 years and 1 year on counts of possessing methylamphetamine with intent to sell or supply to another, to be served concurrently - Sentence of 3 years' imprisonment on count of manufacturing amphetamines, to be served cumulatively upon previous sentences

Legislation:

Nil

Result:

Leave to appeal granted
Appeal dismissed

Representation:

Counsel:

Applicant :     Mr M T Trowell QC & Mr G W Massey

Respondent:     Mr R E Cock QC

Solicitors:

Applicant :     Fiocco Hopkins Nash

Respondent:     State Director of Public Prosecutions

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

Hawkins v The Queen, unreported; CCA SCt of WA; Library No 970194; 1 May 1997

Nevermann (1989) 43 A Crim R 347

R v CW [2000] WASCA 81

R v Dalgety [2000] WASCA 10

R v GP (1997) 18 WAR 196

R v Halliday, unreported; CCA SCt of WA; Library No 980143; 3 April 1998

R v Liddington (1997) 18 WAR 394

R v Lippiatt, unreported; CCA SCt of WA; Library No 980065; 17 February 1998

R v Olbrich (1999) 73 ALJR 1550

R v Richards [1999] WASCA 105

Symonds v The Queen, unreported; CCA SCt of WA; Library No 980616; 28 October 1998

Watson v The Queen [2000] WASCA 119

Case(s) also cited:

Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621

Bekink v The Queen [1999] WASCA 160

Cox v Whitehead [1999] WASCA 277

Evans v The Queen [1999] WASCA 195

House v The King (1936) 55 CLR 499

Langridge v The Queen (1996) 17 WAR 346

Leonard v The Queen, unreported; CCA SCt of WA; Library No 990152; 29 March 1999

Lim v The Queen [1999] WASCA 296

R v Bellissimo (1996) 84 A Crim R 465

R v Darwell (1997) 94 A Crim R 35

R v Dickson, unreported; CCA SCt of WA; Library No 990203; 23 April 1999

R v Eliasen (1991) 53 A Crim R 391

R v Todd [1976] Qd R 21

R v Tsiaras (1996) 1 VR 398

R v Weng Keong Chan (1989) 38 A Crim R 337

Sindel v The Queen, unreported; CCA SCt of WA; Library No 990110; 16 March 1999

Stewart v Waghorn [1999] WASCA 150

Walsh v The Queen, unreported; CCA SCt of WA; Library No 960471; 26 August 1996

"Y" (A Child) v The Queen, unreported; CCA SCt of WA; Library No 980402; 23 July 1998

  1. KENNEDY J:  I…

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Paparone v The Queen [2000] WASCA 127
Case
[2000] WASCA 127
Decision Date

CaseChat Overview and Summary

The appellant was convicted of two counts of possessing methylamphetamine with intent to sell or supply it to another and one count of manufacturing amphetamines. The issue before the court was whether the appellant's attention deficit/hyperactivity disorder (ADHD) was a mitigating factor in his sentencing. The court had to determine whether there was a causal connection between the disorder and the offending behaviour and whether the disorder should be taken into account when determining the sentence. The court also had to consider the appropriate sentence for each count.

The court held that while the appellant's ADHD was a relevant mitigating factor, it was not the sole cause of his offending behaviour. The court found that the appellant's criminal conduct was the result of a combination of factors, including his ADHD, his drug addiction, and his desire to obtain funds to support his drug habit. The court also found that the appellant's ADHD did not significantly impair his capacity for self-control or his ability to conform his conduct to the requirements of the law. The court held that the appellant's ADHD was a relevant mitigating factor, but it was not sufficient to reduce the severity of the sentence.

The court sentenced the appellant to 2-1/2 years' imprisonment on each count of possessing methylamphetamine with intent to sell or supply it to another, to be served concurrently, and 3 years' imprisonment on the count of manufacturing amphetamines, to be served cumulatively upon the previous sentences. The court held that the sentences should reflect the seriousness of the offences and the need to deter the appellant and others from engaging in similar conduct. The court also held that the sentences should be proportionate to the appellant's culpability and the harm caused by his offending behaviour. The court held that the sentences were appropriate in all the circumstances.

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

WALLWORK J

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Ratio Decidendi

Legal Principle Established

Established by: WALLWORK J

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