R v Ruich

Case [2000] WASCA 84


R -v- RUICH [2000] WASCA 84



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 84
COURT OF CRIMINAL APPEAL
Case No:CCA:260/19998 MARCH 2000
Coram:KENNEDY J
PIDGEON J
IPP J
6/04/00
12Judgment Part:1 of 1
Result: Appeal allowed
PDF Version
Parties:THE QUEEN
TONY RUICH

Catchwords:

Criminal law and procedure
Sentencing
Drug offences
One count of selling heroin, three counts of possessing heroin with intent to sell or supply it to another
Fourth offence committed while on bail for three earlier offences
Sentence of 3 years' imprisonment inadequate
Sentence of 6 years substituted

Legislation:

Nil

Case References:

Lowndes v The Queen (1999) 73 ALJR 1007
R v Dao, unreported; CCA SCt of WA; Library No 980619; 29 October 1998
R v Grein [1989] WAR 178
R v Tait [1979] 46 FLR 386

Allen v The Queen, unreported; CCA SCt of WA; Library No 950215; 27 April 1995
Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621
House v The King (1936) 55 CLR 499
Jarvis v The Queen, unreported; CCA SCt of WA; Library No 930341; 14 June 1993
Miles v The Queen (1997) 17 WAR 518
Mill v The Queen (1988) 166 CLR 59
Musarri v The Queen, unreported; CCA SCt of WA; Library No 980662; 17 November 1998
Pearce v The Queen (1998) 194 CLR 610
Quach v The Queen [1999] WASCA 210
R v Bellissimo (1996) 84 A Crim R 465
R v Catts (1996) 85 A Crim R 171
R v Darwell (1997) 94 A Crim R 35
R v Heryadi (1998) 98 A Crim R 578
R v Legg, unreported; CCA SCt of WA; Library No 980305; 5 June 1998
R v Nixon (1993) 66 A Crim R 83
R v Osenkowski (1982) 5 A Crim R 394
R v Peterson [1984] WAR 329
R v Ruane (1979) 1 A Crim R 284
R v Shaw (1989) 39 A Crim R 343
R v Skrjanc (1994) 71 A Crim R 347
R v Weng Keong Chan (1989) 38 A Crim R 337
Taylor v The Queen, unreported; CCA SCt of WA; Library No 980152; 6 April 1998
Ugle v The Queen, unreported; CCA SCt of WA; Library No 5868; 27 June 1985
Vassiliou v The Queen [1999] WASCA 140

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- RUICH [2000] WASCA 84 CORAM : KENNEDY J
    PIDGEON J
    IPP J
HEARD : 8 MARCH 2000 DELIVERED : 6 APRIL 2000 FILE NO/S : CCA 260 of 1999 BETWEEN : THE QUEEN
    Appellant

    AND

    TONY RUICH
    Respondent



Catchwords:

Criminal law and procedure - Sentencing - Drug offences - One count of selling heroin, three counts of possessing heroin with intent to sell or supply it to another - Fourth offence committed while on bail for three earlier offences - Sentence of 3 years' imprisonment inadequate - Sentence of 6 years…

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Details
AGLC
R v Ruich [2000] WASCA 84
Case
[2000] WASCA 84
Decision Date

CaseChat Overview and Summary

The case of R v Ruich was heard in the High Court of Australia. Ruich was convicted on four counts related to drug offences, including selling heroin and possessing heroin with intent to sell or supply it to another. The particular issue before the court was whether the sentence of 3 years' imprisonment was adequate, particularly given that the fourth offence was committed while Ruich was on bail for the other three offences.

The legal issues that the court had to address involved the principles of sentencing in relation to repeat offending and the gravity of the crimes committed. The court was required to consider whether the sentence imposed was proportionate to the nature of the crimes and the circumstances surrounding Ruich's repeated offending. This included evaluating the principle of proportionality in sentencing and whether the sentence adequately reflected the seriousness of Ruich's criminal conduct.

In its reasoning, the court noted that Ruich's criminal history and the commission of the fourth offence while on bail demonstrated a pattern of behaviour that warranted a more severe sentence. The court found that the original sentence did not adequately reflect the seriousness of Ruich's repeated offending and the potential risk he posed to the community. Consequently, the court substituted the original sentence of 3 years' imprisonment with a sentence of 6 years, considering it more appropriate given the circumstances. The court's decision was grounded in the need for the sentence to act as both a punishment and a deterrent, taking into account the cumulative effect of Ruich's criminal conduct.

Orders

Orders of the court

Appeal allowed

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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