R v Jiminez

Case [1999] WASCA 7


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   COURT OF CRIMINAL APPEAL

CITATION:   STEWART -v- R [1999] WASCA 7

CORAM:   MALCOLM CJ

IPP J
WALLWORK J

HEARD:   15 MARCH 1999

DELIVERED          :   7 MAY 1999

FILE NO/S:   CCA 36 of 1998

BETWEEN:   RICHARD GREGORY STEWART

Applicant

AND

THE QUEEN
Respondent

Catchwords:

Criminal law - Appeal - Appeal against sentence - Applicant aged 23 years sentenced to 14 years' imprisonment without eligibility for parole having committed with a co-offender 22 offences of aggravated burglary one offence of armed robbery in company criminal damage one offence of deprivation of liberty and seven offences of stealing a motor vehicle - Applicant committed present offences during his first month of parole - Applicant had extensive history of committing serious offences
Held appeal dismissed

Legislation:

S89 Sentencing Act 1995
Sentence Administration Act 1995

Result:Appeal dismissed

Representation:

Counsel:

Applicant:     Mr D M Imlah

Respondent:     Mr M Mischin

Solicitors:

Applicant:     Aboriginal Legal Service of WA (Inc)

Respondent:     State Director of Public Prosecutions

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

R v Lowndes, unreported; CCA SCt of WA; Library No 970382; 8 August 1997

Swain v The Queen (1989) 41 A Crim R 214

Thompson v The Queen (1992) 8 WAR 387

Case(s) also cited:

Howell v The Queen (1989) 2 WAR 60

1.     MALCOLM CJ: In my opinion, this application for leave to appeal against sentence should be dismissed, for the reasons to be published by Ipp J.  I consider that the period of parole which remains outstanding in respect of sentences imposed upon the applicant in respect of sentences imposed for his prior criminal conduct will mean that he will spend an adequate period under supervision in the community following ultimate release from prison.

2.     IPP J:  This is an application for leave to appeal against sentence.  The aggregate sentence in respect of which leave is sought to appeal is 14 years' imprisonment without eligibility for parole.  There are two grounds of appeal.  Firstly, the applicant says that the total of 14 years' imprisonment was manifestly excessive.  Secondly, the applicant contends that the learned sentencing Judge erred in the exercise of his discretion by denying the applicant eligibility for parole.

3.     The offences which gave rise to the sentence of 14 years' imprisonment were many and serious.  Together with a co‑offender, one Riley, the applicant committed 22 offences of aggravated burglary, one offence of armed robbery in company, one offence of criminal damage, one offence of deprivation of liberty and seven offences of stealing a motor vehicle.  All the offences were committed over a period of 30 days between September and October 1997.

4.     Riley targeted premises in which he believed firearms would be located.  The applicant participated with Riley in burgling those premises.  The two of them successfully stole four firearms, two of which Riley cut down so that they could be concealed.  The applicant and Riley committed three offences of aggravated burglary while armed with rifles they had stolen.  Disguised by balaclavas…

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Details
AGLC
R v Jiminez [1999] WASCA 7
Case
[1999] WASCA 7
Decision Date

CaseChat Overview and Summary

In this case, the appellant, Jiminez, sought to appeal against the sentence imposed by the lower court for a series of serious offences. Jiminez, aged 23 at the time of sentencing, was found guilty of 22 counts of aggravated burglary, one count of armed robbery, one count of criminal damage, one count of deprivation of liberty, and seven counts of stealing a motor vehicle. The crimes were committed within the first month of the appellant's parole following a previous sentence. The appellant had a history of serious criminal conduct. The appeal was heard in the higher court, which was tasked with determining whether the sentence was appropriate in the circumstances.

The court was required to consider whether the sentence imposed was manifestly excessive or inappropriate, given the nature and circumstances of the offences and the appellant's criminal history. The key legal issue was whether the sentence of 14 years' imprisonment without eligibility for parole was disproportionate to the crimes committed. The court also had to assess the appellant's prospects of rehabilitation and the need for deterrence and denunciation in light of his extensive criminal record.

In dismissing the appeal, the court found that the sentence was not manifestly excessive or inappropriate. The court acknowledged the gravity of the offences and the appellant's history of serious criminal conduct. It determined that the sentence appropriately reflected the seriousness of the crimes and the need to protect the community. The court also considered the appellant's prospects of rehabilitation and concluded that the sentence was necessary to achieve the aims of punishment, including deterrence and denunciation. The appeal was thus dismissed, and the original sentence was upheld.

No additional orders were made beyond the dismissal of the appeal and the affirmation of the original sentence.

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

Legal Principle Established

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