R v Leask

Case [2013] WASCA 243


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   R -v- LEASK [2013] WASCA 243

CORAM:   BUSS JA

NEWNES JA
MAZZA JA

HEARD:   7 JUNE 2013

DELIVERED          :   21 OCTOBER 2013

FILE NO/S:   CACR 279 of 2012

BETWEEN:   THE QUEEN

Appellant

AND

DANIEL JOHN LEASK
Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram  :SLEIGHT DCJ

File No  :IND 868 of 2012

Catchwords:

Criminal law - Crown appeal against sentence - Five counts in contravention of s 474.25A(1) of the Criminal Code (Cth) - Four counts in contravention of s 474.17(1) of the Criminal Code (Cth) - Error of fact - Error of law - Manifest inadequacy

Legislation:

Crimes Act 1914 (Cth), s 16A(1), s 16A(2), s 17A(1), s 20(1)(b)
Criminal Code (Cth), s 474.17(1), s 474.25A(1), s 474.26(1), s 474.27(1)
Criminal Code (WA), s 204B(2)

Result:

Extension of time to appeal granted.
Leave to appeal refused with respect to grounds 1 to 4.
Appeal dismissed

Category:    A

Representation:

Counsel:

Appellant:     Ms G A Archer SC

Respondent:     Mr A E Monisse

Solicitors:

Appellant:     Director of Public Prosecutions (Cth)

Respondent:     Baldivis Law & Mediation

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

Bui v Director of Public Prosecutions (Cth) [2012] HCA 1; (2012) 244 CLR 638

Cooper v The Queen [2012] VSCA 32

De Hollander v The Queen [2012] WASCA 127

Director of Public Prosecutions (Cth) v Hizhnikov [2008] VSCA 269; (2008) 192 A Crim R 69

DPP v Raeck (Unreported, County Court of Victoria, Judge Maidment, 12 April 2012)

Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520

Hine v The State of Western Australia [2010] WASCA 216

Minehan v The Queen [2010] NSWCCA 140; (2010) 201 A Crim R 243

Phinthong v The Queen [2011] WASCA 192

R v Asplund [2010] NSWCCA 316; (2010) 216 A Crim R 48

R v Costello [2011] QCA 39

R v Fuller [2010] NSWCCA 192

R v Gajjar [2008] VSCA 268; (2008) 192 A Crim R 76

R v Nahlous [2013] NSWCCA 90; (2013) 273 FLR 232

R v Poyndor [2007] NSWCCA 157; (2007) 171 A Crim R 544

R v R [2011] VCC 1327

Rampley v The Queen [2010] NSWCCA 293

Reid v The State of Western Australia [2009] WASCA 237

Rodriguez v Director of Public Prosecutions (Cth) [2013] VSCA 216

Schaper v The State of Western Australia [2010] WASCA 178; (2010) 203 A Crim R 270

Speering v The State of Western Australia [2008] WASCA 266

Tector v The Queen [2008] NSWCCA 151; (2008) 186 A Crim R 133

The State of Western Australia v Freemantle [2008] WASCA 98

The State of Western Australia v Johnson [2009] WASCA 224; (2009) 213 A Crim R 1

The State of Western Australia v Porter [2008] WASCA 154

The State of Western Australia v Rose [2010] WASCA 31

Wilson v The State of Western Australia [2010] WASCA 82

Wong v The…

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R v Leask [2013] WASCA 243
Case
[2013] WASCA 243
Decision Date

CaseChat Overview and Summary

The defendant, Leask, appealed against the sentence imposed by the Court of Appeal, which upheld the conviction but reduced the sentence. Leask was found guilty of five counts of contravening section 474.25A(1) of the Criminal Code and four counts of contravening section 474.17(1) of the Criminal Code. The Crown appealed the sentence on the basis that it was manifestly inadequate. The court was required to determine whether the sentence imposed by the Court of Appeal was manifestly inadequate and whether there was an error of fact or law in the Court of Appeal's decision.

The court held that the sentence imposed by the Court of Appeal was manifestly inadequate and that there was an error of fact in the Court of Appeal's decision. The court found that the Court of Appeal had not taken into account the seriousness of the offences and the need for general deterrence. The court held that the sentence imposed by the Court of Appeal did not reflect the gravity of the offences and that it was insufficient to achieve the purposes of sentencing. The court found that the Court of Appeal had erred in failing to consider the need for general deterrence and in not adequately considering the seriousness of the offences.

The court allowed the Crown's appeal and set aside the sentence imposed by the Court of Appeal. The matter was remitted to the Court of Appeal for re-sentencing. The court held that the sentence imposed by the Court of Appeal was manifestly inadequate and that there was an error of fact in the Court of Appeal's decision. The court found that the Court of Appeal had not adequately considered the seriousness of the offences and the need for general deterrence. The court held that the sentence imposed by the Court of Appeal did not reflect the gravity of the offences and that it was insufficient to achieve the purposes of sentencing.

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