JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: R -v- MANUEL [2020] WASCA 189
CORAM: BUSS P
MITCHELL JA
BEECH JA
HEARD: 6 AUGUST 2020
DELIVERED : 16 NOVEMBER 2020
FILE NO/S: CACR 185 of 2019
BETWEEN: THE QUEEN
Appellant
AND
TREVOR MANUEL
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram: HERRON DCJ
File Number : IND 2332 of 2018
Catchwords:
Criminal law - Crown appeal against sentence - Respondent charged with three counts of cross-border firearms trafficking - Pleas of guilty - Trial of issues as to whether the respondent committed the offences for financial reward and whether the respondent committed the offences while subject to non-exculpatory duress - Sentencing judge found against the respondent on the trial of issues - Respondent acquired and then disposed of 87 firearms - Firearms unlawfully acquired and distributed to criminals, most likely outlaw motor cycle gang members - Of the 87 firearms, only five recovered - Manifest inadequacy - Totality
Legislation:
Crimes Act1914 (Cth) s 16A, s 16B, s 17A, s 19(2), s 19AB
Criminal Appeals Act 2004 (WA), s 31(4), s 41(3)
Criminal Code (Cth), s 360.2(1), s 360.3(1)
Firearms Act 1973 (WA), s 19(2)(a)
Weapons Act 1990 (Qld), s 50B(1)
Result:
Leave to appeal granted on grounds 1, 2, 3 and 4
Appeal allowed
Primary's judge's sentencing decision set aside
Respondent resentenced
Category: D
Representation:
Counsel:
| Appellant | : | Ms S McNaughton SC & Ms L B Black |
| Respondent | : | Mr T F Percy QC & Mr S Butcher |
Solicitors:
| Appellant | : | Director of Public Prosecutions (Cth) |
| Respondent | : | Butcher Paull & Calder |
Case(s) referred to in decision(s):
Barbaro v The Queen [2014] HCA 2; (2014) 253 CLR 58
Bertilone v The Queen [2009] WASCA 149; (2009) 231 FLR 383
Bick v The Queen [2006] NSWCCA 408
Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525
Bui v Director of Public Prosecutions (Cth) [2012] HCA 1; (2012) 244 CLR 638
CMB v Attorney‑General (NSW) [2015] HCA 9; (2015) 256 CLR 346
Day v The Queen [2019] WASCA 60
Deakin v The Queen [1984] HCA 31; (1984) 58 ALJR 367
Director of Public Prosecutions (Cth) v Munro [2019] VSCA 89
Gaskell v The State of Western Australia [2018] WASCA 8
Giglia v The State of Western Australia [2010] WASCA 9
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
Johnson v The Queen [2004] HCA 15; (2004) 78 ALJR 616
Lam v The Queen [2014] WASCA 114; (2014) 241 A Crim R 562
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
McAlpine v The State of Western Australia [2018] WASCA 195
Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59
Munda v The State of Western Australia [2013] HCA 38; (2013) 249 CLR 600
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- AGLC
- R v Manuel [2020] WASCA 189
- Case
- [2020] WASCA 189
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court needed to address were the principles of sentencing in relation to serious criminal offences, particularly those involving firearms trafficking. The court had to consider the totality of the respondent's criminal conduct, the nature and circumstances of the offences, and the impact of the offences on the community. Additionally, the court had to assess the adequacy of the previous sentence and determine whether a manifest inadequacy existed that warranted a higher sentence. The court was also required to balance the need for deterrence and denunciation against the principles of proportionality and rehabilitation.
The court reasoned that the previous sentence was manifestly inadequate given the seriousness of the respondent's criminal conduct. The respondent's involvement in the trafficking of 87 firearms, with only five recovered, indicated a significant risk to public safety. The firearms were likely to be used by dangerous criminals, exacerbating the gravity of the offences. The court noted that the previous sentence did not adequately reflect the severity of the respondent's actions or provide sufficient deterrence. The totality principle was applied to ensure that the overall sentence reflected the cumulative effect of the respondent's criminal activities. The court emphasised the need for a sentence that served the purposes of punishment, deterrence, and protection of the community.
The final orders of the court were to increase the sentence imposed on the respondent, ensuring that it was commensurate with the seriousness of the offences. The court determined that a higher sentence was necessary to reflect the true gravity of the respondent's criminal conduct and to provide adequate deterrence and protection for the community. The increased sentence was intended to uphold the principles of justice and to serve the broader interests of society.
Orders
Orders of the court
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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