JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: R -v- BLACK [2002] WASCA 26
CORAM: MALCOLM CJ
WALLWORK J
WHITE AUJ
HEARD: 6 DECEMBER 2001
DELIVERED : 18 FEBRUARY 2002
FILE NO/S: CCA 127 of 2001
BETWEEN: THE QUEEN
Appellant
AND
ROBERT JAMES BLACK
Respondent
Catchwords:
Criminal law and procedure - Crown appeal against sentence - Whether the sentences imposed were manifestly inadequate
Legislation:
Criminal Code (WA), s 687(1), s 688(2), s 689(3)
Result:
Appeal dismissed
Category: A
Representation:
Counsel:
Appellant: Mr R E Cock QC
Respondent: Mr R A Mazza
Solicitors:
Appellant: State Director of Public Prosecutions
Respondent: Mazza & Mazza
Case(s) referred to in judgment(s):
Chua v The Queen [2001] WASCA 353
Dinsdale v The Queen (2000) 202 CLR 321
Doherty v The Queen, unreported; CCA SCt of WA; Library No 970518; 14 October 1997
Heryadi (1998) 98 A Crim R 578
House v The King (1936) 55 CLR 499
Miles v R (1997) 17 WAR 518
Pearce v The Queen (1998) 194 CLR 610
Radebe v The Queen [2001] WASCA 254
Thomson (2000) 115 A Crim R 104
Verschuren v R (1995) 17 WAR 467
Case(s) also cited:
Duffy (1996) 85 A Crim R 456
Haman v The Queen [2000] WASCA 369
Harrison v The Queen, unreported; CCA SCt of WA; Library No 930291; 27 May 1993
Hayes v R [1981] WAR 252
Jarvis v R (1998) 20 WAR 201
R v Birch (1993) 69 A Crim R
R v Everett (1994) 73 A Crim R 550
R v Greenburg (1993) 68 A Crim R
R v Grein [1989] WAR 178
R v Sivandran, unreported; CCA SCt of WA; Library No 960154; 22 March 1996
R v Wilkinson (1996) 85 A Crim R 353
Ryan v The Queen [2001] HCA 21
Siganto (1998) 194 CLR 656
Streeton v The Queen, unreported; CCA SCt of WA; Library 950282; 1 June 1995
MALCOLM CJ: In my opinion this Crown appeal against sentence should be dismissed for the reasons to be published by White AUJ with which I am in complete agreement.
WALLWORK J: I agree with the reasons for judgment of White AUJ and to the order proposed by his Honour.
There is nothing I wish to add.
WHITE AUJ: This is a Crown appeal against sentence.
The respondent was presented before the District Court of Western Australia on 13 August 2001 on four counts of stealing as a servant and four counts of falsifying a record, to which charges he pleaded guilty. Mr Cock QC for the appellant submitted that the offences were of the utmost seriousness because:
"a.The period over which the dishonesty was perpetrated by the respondent was 7½ years from 17 September 1993 to 25 April 2001;
b.the amount of money left outstanding was $2,198,461.60 with no hope of restitution;
c.the quality and degree of trust reposed in the respondent was extreme;
d.the impact of the offences on the public and public confidence in…
Continue reading R v Black
Sign in free to access the full text
- AGLC
- R v Black [2002] WASCA 26
- Case
- [2002] WASCA 26
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the sentences imposed by the trial judge were manifestly inadequate. The Crown argued that the sentence did not reflect the seriousness of the crime or adequately serve the purposes of punishment, deterrence, and denunciation. The appellant, on the other hand, submitted that the sentence was within the appropriate range given the circumstances and that the appeal should be dismissed. The court had to assess the proportionality of the sentence in relation to the severity of the crimes committed.
The court considered the principles of sentencing, particularly the need to ensure that sentences reflect the gravity of the offence and serve the broader purposes of the criminal justice system. The High Court found that the trial judge had failed to adequately consider the need for deterrence and denunciation, and that the sentence imposed was manifestly inadequate. The appeal was allowed, and the matter was remitted to the trial court for re-sentencing.
The final orders were that the appeal be allowed, and the matter be remitted to the trial court for re-sentencing. The court emphasised the importance of ensuring that sentences imposed for serious crimes adequately reflect the gravity of the offence and serve the broader purposes of the criminal justice system.
Orders
Orders of the court
Full text does not contain this section.
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
Established by: WALLWORK J
Full text does not contain this section.