R v Suarez-Mejia

Case [2002] WASCA 187


R -v- SUAREZ-MEJIA [2002] WASCA 187



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 187
COURT OF CRIMINAL APPEAL
Case No:CCA:186/200120 MAY 2002
Coram:MURRAY J
PARKER J
MILLER J
17/07/02
30Judgment Part:1 of 1
Result: CCA 186/2001:  Appeal dismissed, CCA 189/2001:  Application for leave refused
A
PDF Version
Parties:THE QUEEN
CARLOS ARTURO SUAREZ-MEJIA

Catchwords:

Criminal law
Sentence
Crown appeal
Possession of prohibited import
Equivalent of 707 kilograms of pure cocaine
Life imprisonment with non-parole period of 20 years
Non-parole period not manifestly inadequate
Criminal law
Sentence
Crown appeal
Competence
Non-parole period a "punishment imposed or order made" pursuant to Criminal Code (WA), s 688(2)(d)
Crimes Act 1914 (Cth), s 19AB(1)

Legislation:

Criminal Code (WA), s 688(2)(d)

Case References:

R v Campillo, unreported; District Ct of NSW (Keleman DCJ); No 99/11/0474
AB v The Queen (1999) 198 CLR 111
Bugmy v The Queen (1990) 169 CLR 525
Cameron v The Queen (2002) 76 ALJR 382
Dinsdale v The Queen (2000) 202 CLR 321
Everett v The Queen (1994) 181 CLR 295
Grimwood v The Queen [2002] WASCA 135
Inge v The Queen (1999) 199 CLR 295
Jacovic v The Queen [2002] WASCA 149
Lauritsen v The Queen (2000) 22 WAR 442
Lowndes v The Queen (1999) 195 CLR 665
Pearce v The Queen (1998) 194 CLR 610
Power v The Queen (1974) 131 CLR 623
Punch v The Queen (1993) 9 WAR 486
R v Bateman [2000] NSWSC 915
R v Clarke [1996] 2 VR 520
R v Engert (1995) 84 A Crim R 67
R v Flavel [2001] NSWCCA 227
R v Gonzales-Betes [2001] NSWCCA 226
R v Good [1988] WAR 224
R v Meggett (1999) 107 A Crim R 257
R v Sherratt (2000) 112 A Crim R 177
R v Shrestha (1991) 173 CLR 48
R v Thomson (2000) 49 NSWLR 383
R v Wong (1999) 48 NSWLR 340
Thompsett v The Queen [2001] WASCA 8
Vanit & Ors v The Queen (1997) 190 CLR 378
Veen v The Queen (No 2) (1988) 164 CLR 465
Verschuren v The Queen (1996) 17 WAR 467
Wangsaimas & Ors v The Queen (1996) 6 NTLR 14
Wong v The Queen (2001) 76 ALJR 79
Wood v The Queen [2002] WASCA 175

Boxtel v The Queen [1994] 2 VR 98
Chua v The Queen [2001] WASCA 353
DPP (Cth) v El Karhani (1990) 97 ALR 373
DPP v Buhagiar & Heathcote [1998] 4 VR 540
Gallagher v The Queen (1991) 23 NSWLR 220
R v Allpass (1993) 72 A Crim R 561
R v Barany (2000) 114 A Crim R 426
R v Beatriz Gonzales-Betes Suarez, unreported; DCt of NSW (Ainslie-Wallace DCJ), Library No 99/11/0475
R v Bellissimo (1996) 84 A Crim R 465
R v Bernath [1997] 1 VR 271
R v Cartwright (1989) 17 NSWLR 243
R v Darwell (1997) 94 A Crim R 35
R v Dinic (1997) 149 ALR 488
R v…

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Details
AGLC
R v Suarez-Mejia [2002] WASCA 187
Case
[2002] WASCA 187
Decision Date

CaseChat Overview and Summary

The appeal concerns the case of Suarez-Mejia, who was convicted of possessing a prohibited import, equivalent to 707 kilograms of pure cocaine. The case was heard in the Court of Criminal Appeal of Australia. The Crown appealed the sentence imposed on Suarez-Mejia, arguing that the non-parole period of 20 years was manifestly inadequate. The court was required to decide whether the non-parole period was manifestly inadequate and whether the appeal was competent. The appeal was also required to determine if the non-parole period was a "punishment imposed or order made" under the Criminal Code (WA), s 688(2)(d) and the Crimes Act 1914 (Cth), s 19AB(1).

The court considered the nature of the offence, the quantity of drugs involved, and the impact of the offence on the community. The court found that the sentence was not manifestly inadequate and that the non-parole period of 20 years was appropriate. The court also found that the appeal was competent and that the non-parole period was a "punishment imposed or order made" under the relevant legislation. The court dismissed the Crown's appeal and refused the application for leave to appeal.

The Court of Criminal Appeal of Australia dismissed the Crown's appeal and refused the application for leave to appeal. The sentence imposed on Suarez-Mejia was affirmed as appropriate, and the non-parole period of 20 years was not found to be manifestly inadequate. The court found that the appeal was competent and that the non-parole period was a "punishment imposed or order made" under the relevant legislation. The decision of the court is final, and no further appeal is permitted.

Orders

Orders of the court

CCA 186/2001: Appeal dismissed, CCA 189/2001: Application for leave refused

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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