Roberts v The Queen

Case [1999] WASCA 273


ROBERTS -v- THE QUEEN [1999] WASCA 273



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 273
COURT OF CRIMINAL APPEAL
Case No:CCA:180/19989 & 10 SEPTEMBER 1999
Coram:IPP J
WALLWORK J
WHITE J
2/12/99
29Judgment Part:1 of 1
Result: Appeal of first applicant dismissedAppeal of second applicant allowed
PDF Version
Parties:ARTHUR REGINALD ROBERTS
THE QUEEN
ANDREW HOPE ROBERTS

Catchwords:

Criminal law
Appeal against sentence
Commonwealth drug offences
Conspiracy to import not less than a trafficable quantity of ecstasy or MDMA
Applicants were principals in the conspiracy
First applicant was more deeply involved in the conspiracy than the second
Whether sentences were manifestly excessive
Appropriate sentence for an offence of this kind is close to or the maximum of 25 years' imprisonment, a fine of $100,000 or both
Appropriate discount for first applicant's plea of guilty following negotiations with the prosecution
Parity principle applied
Sentence of 15 years' imprisonment imposed on the first applicant upheld
Sentence of 11 years' imprisonment imposed on second applicant set aside and substituted with a sentence of 8 years' imprisonment, upon the ground of parity alone

Legislation:

Customs Act 1901 (Cth) s 233B, s 235(2)
Financial Transaction Reports Act 1988 (Cth)

Case References:

Atholwood v R [1999] WASCA 256
Atholwood v The Queen [1999] WASCA 256
Darwell v The Queen (1997) 94 A Crim R 35
Dietrich v The Queen (1992) 177 CLR 292
Fazari v R, unreported; CCA SCt of WA; Library No 960651; 14 November 1996
Heryadi v The Queen (1998) 19 WAR 383
Jarvis v The Queen, (1993) 20 WAR 201
Lowe v the Queen (1984) 154 CLR 606
Mortimer v R, unreported; CCA SCt of WA; Library No 970526; 14 October 1997
Musarri v R, unreported; CCA SCt of WA; Library No 980662; 17 November 1998
Postiglione v The Queen (1997) 189 CLR 295
R v Bulger [1990] 2 Qd R 559
R v Dinic (1997) 149 ALR 488
R v Doyle (1994) 71 A Crim R 360
R v Gallagher (1991) 23 NSWLR 220
R v Holder [1983] 3 NSWLR 245
R v Raz, unreported; CCA SCt of NSW, BC 9201407; 17 December 1992
R v Su [1997] 1 VR 1
Robertson v The Queen (1989) 44 A Crim R 224
Robinson v R, unreported; CCA SCt of WA; Library No 980587; 9 October 1998
Savvas v The Queen (1995) 183 CLR 1
Simpson v The Queen (1993) 68 Crim R 439
Veen v The Queen [No 2] (1988) 164 CLR 465

R v Doan, unreported; CCA SCt of NSW; Library No 60101; 27 September 1996
R v Fawcett (1983) 5 Cr App R (S) 158
R v Kane [1975] VR 658
R v Morris [1951] 1 KB 394
R v Portolesi (1988) 48 SASR 217
R v Roberts and Roberts, unreported;  DCt of WA; Library No D980058; 11 March 1997
Savvas v The Queen (1995) 183 CLR 1

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Roberts v The Queen [1999] WASCA 273
Case
[1999] WASCA 273
Decision Date

CaseChat Overview and Summary

The case of Roberts v The Queen involved two applicants who were appealing their sentences for their roles in a conspiracy to import a significant quantity of ecstasy or MDMA. The applicants were both principals in the conspiracy, with the first applicant being more deeply involved than the second. They were sentenced to 15 and 11 years' imprisonment, respectively. The applicants argued that their sentences were manifestly excessive and sought a reduction on the basis that the appropriate sentence for such an offence is close to or the maximum of 25 years' imprisonment, a fine of $100,000 or both. The applicants also claimed that the first applicant was entitled to a discount for his plea of guilty following negotiations with the prosecution.

The court was required to determine whether the sentences imposed on the applicants were manifestly excessive and whether the first applicant was entitled to a discount for his plea of guilty. The court considered the principles of sentencing for such offences, including the appropriate discount for a plea of guilty and the parity principle, which requires that similarly situated offenders receive similar sentences. The court also considered the level of involvement of each applicant in the conspiracy.

The court found that the sentences imposed on the applicants were not manifestly excessive, as the sentences were within the range of penalties available for the offence. The court also found that the first applicant was entitled to a discount for his plea of guilty, but that the discount was already taken into account in the sentence imposed. The court found that the second applicant's sentence was not in parity with that of the first applicant, who was more deeply involved in the conspiracy. Accordingly, the court set aside the sentence imposed on the second applicant and substituted it with a sentence of 8 years' imprisonment.

The appeal of the first applicant was dismissed, and the appeal of the second applicant was allowed. The sentence of 15 years' imprisonment imposed on the first applicant was upheld, and the sentence of 11 years' imprisonment imposed on the second applicant was set aside and substituted with a sentence of 8 years' imprisonment. The court's decision highlights the importance of considering the level of involvement of each offender in a conspiracy when imposing sentences, as well as the principles of sentencing for such offences.

Orders

Orders of the court

Appeal of first applicant dismissedAppeal of second applicant 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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