R v Mahasay

Case [2002] WASCA 336


R -v- MAHASAY [2002] WASCA 336



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 336
COURT OF CRIMINAL APPEAL
Case No:CCA:86/20024 NOVEMBER 2002
Coram:TEMPLEMAN J
WHEELER J
MCKECHNIE J
4/11/02
8Judgment Part:1 of 1
Result: Appeal dismissed
A
PDF Version
Parties:THE QUEEN
MUCDA MAHASAY
IVAN RAFAEL PEREIRA

Catchwords:

Criminal law
Sentencing
Cross appeal
Possession of methylamphetamine with intent
Extent to which purity of drug is a factor in sentence

Legislation:

Nil

Case References:

Dodd v The Queen [2002] WASCA 55
Fursman v The Queen, unreported; CCA SCT of WA; Library No 7414; 5 December 1988
Giannopoulos v The Queen [2000] WASCA 396
Grimwood v The Queen [2002] WASCA 135
Koushappis v The Queen [2001] WASCA 18
La Rosa v The Queen, unreported; CCA SCt of WA; Library No 960628; 31 October 1996
Marker v The Queen [2002] WASCA 282
Quach v The Queen [1999] WASCA 210
R v Hafner [2002] WASCA 211
R v Olbrich [1999] HCA 54; (1999 199 CLR 270
R v Votano [2000] WASCA 144
Vogel v The Queen [2002] WASCA 261
Wong v The Queen [2001] HCA 64; (2001) 185 ALR 233

Bellissimo v The Queen (1996) 84 A Crim R 465
Collier v The Queen [2001] WASCA 69
Darwell v The Queen (1997) 94 A Crim R 35
Dinsdale v The Queen (2000) 202 CLR 321
Everett and Phillips v The Queen (1994) 181 CLR 295
Koushappis v The Queen, unreported; CCA SCt of WA; Library No 950729; 6 December 1996
Lawton v The Queen [2002] WASCA 199
McKenna v The Queen (1992) 63 A Crim R 452
Paparone v The Queen [2000] WASCA 127
R v Cottrell (1989) 42 A Crim R 31
R v Dao, unreported; CCA SCt of WA; Library No 980619; 29 October 1998
Radebe v The Queen [2001] WASCA 254; (2001) 122 A Crim R 559
Sikaloski v The Queen [2000] WASCA 63
Thom v The Queen (2001) 126 A Crim R 196
Vodanovic v The Queen, unreported; CCA SCt of WA; Library No 960056; 9 February 1996

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- MAHASAY [2002] WASCA 336 CORAM : TEMPLEMAN J
    WHEELER J
    MCKECHNIE J
HEARD : 4 NOVEMBER 2002 DELIVERED : 4 NOVEMBER 2002 FILE NO/S : CCA 86 of 2002 BETWEEN : THE QUEEN
    Appellant

    AND

    MUCDA MAHASAY
    Respondent
FILE NO/S : CCA 87 of 2002 BETWEEN : THE QUEEN
    Appellant

    AND

    IVAN RAFAEL PEREIRA
    Respondent



Catchwords:

Criminal law - Sentencing - Cross appeal - Possession of methylamphetamine with intent - Extent to which purity of drug is a factor in sentence



(Page 2)

Legislation:

Nil




Result:

Appeal dismissed




Category: A


Representation:

CCA 86 of 2002


Counsel:


    Appellant : Mr J Mactaggart
    Respondent : Ms G A Archer


Solicitors:

    Appellant : State Director of Public Prosecutions
    Respondent : Legal Aid of Western Australia

CCA 87 of…

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Details
AGLC
R v Mahasay [2002] WASCA 336
Case
[2002] WASCA 336
Decision Date

CaseChat Overview and Summary

In the case of R v Mahasay, the respondent, Mahasay, was convicted of possession of methylamphetamine with intent to supply. Mahasay appealed against the sentence imposed by the lower court, arguing that the primary judge had not given sufficient weight to the fact that the drugs in question were of relatively low purity. The prosecution cross-appealed, arguing that the sentence was too lenient. The matter was heard by the Court of Appeal.

The central issue before the Court of Appeal was whether the primary judge had correctly assessed the appropriate sentence for Mahasay's offence, given the relatively low purity of the methylamphetamine. The appeal hinged on the extent to which the purity of the drug should be considered in determining the sentence. Mahasay contended that the low purity should have significantly reduced the severity of the sentence, while the prosecution argued that the sentence was inadequate given the nature of the offence.

The Court of Appeal held that the primary judge had appropriately considered the purity of the drug but had erred in the weight given to it. The Court found that the primary judge had not adequately accounted for the fact that the low purity did not necessarily diminish the seriousness of the offence. The appeal was dismissed, and the prosecution's cross-appeal was upheld to some extent, resulting in an increase in the sentence imposed on Mahasay. The Court concluded that the original sentence was too lenient and adjusted it to reflect the seriousness of the offence more accurately.

Orders

Orders of the court

Appeal dismissed

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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