RUDZITIS -v- THE QUEEN [2003] WASCA 243
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 243 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:47/2003 | 22 SEPTEMBER 2003 | |
| Coram: | MURRAY J STEYTLER J PARKER J | 10/10/03 | |
| 14 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Sentence of 5 years imprisonment quashed New sentence of 2 years and 8 months imprisonment substituted | ||
| B | |||
| PDF Version |
| Parties: | PETER RUDZITIS THE QUEEN |
Catchwords: | Criminal law and procedure Appeal against sentence Attempted manufacture of MDMA Sentence imposed of imprisonment for 5 years Intermittent completion of progressive stages of manufacturing process Relevance of potential capacity to manufacture Irrelevant consideration given to a chemical not connected with offence Manifestly excessive Turns on own facts |
Legislation: | Sentence Administration Act 2003 Sentencing Legislation Amendment and Repeal Act 2003 |
Case References: | Abela v The Queen [2002] WASCA 279. , Cabassi v The Queen [2000] WASCA 305. , Lim v The Queen [1999] WASCA 296 R v Pallister (2002) 131 A Crim R 452 R v Paparone (2000) 112 A Crim R 190 Worth v The Queen [2001] WASCA 303. , Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : RUDZITIS -v- THE QUEEN [2003] WASCA 243 CORAM : MURRAY J
- STEYTLER J
PARKER J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Appeal against sentence - Attempted manufacture of MDMA - Sentence imposed of imprisonment for 5 years - Intermittent completion of progressive stages of manufacturing process - Relevance of potential capacity to manufacture - Irrelevant consideration given to a chemical not connected with offence - Manifestly excessive - Turns on own facts
Legislation:
Sentence Administration Act 2003
Sentencing Legislation Amendment and Repeal Act 2003
(Page 2)
Result:
Appeal allowed
Sentence of 5 years imprisonment quashed
New sentence of 2 years and 8 months imprisonment substituted
Category: B
Representation:
Counsel:
Applicant : Mr R D Young
Respondent : Mr D Dempster
Solicitors:
Applicant : Gunning Young
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Abela v The Queen [2002] WASCA 279
Cabassi v The Queen [2000] WASCA 305
Lim v The Queen [1999] WASCA 296
R v Pallister (2002) 131 A Crim R 452
R v Paparone (2000) 112 A Crim R 190
Worth v The Queen [2001] WASCA 303
Case(s) also cited:
Nil
(Page 3)
1 JUDGMENT OF THE COURT: The applicant was convicted, after trial before a District Court Judge and a jury, of attempting to manufacture a prohibited drug, namely MDMA; as it is commonly known, "ecstasy". The offence occurred at his place of residence at Myaree on 19 April 2001.
2 On 1 April 2003 the applicant was sentenced by Williams DCJ in respect of this offence to serve a term of five years imprisonment. Service of…
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- Rudzitis v The Queen [2003] WASCA 243
- Case
- [2003] WASCA 243
- Decision Date
CaseChat Overview and Summary
The High Court was required to consider whether the sentence was manifestly excessive, and if so, whether the Court of Appeal had erred in not considering the potential capacity to manufacture MDMA. The Court found that the sentence was manifestly excessive, as the Court of Appeal had given irrelevant consideration to a chemical not connected with the offence, and had not given proper weight to the potential capacity to manufacture MDMA. The Court also found that the sentence did not take into account the fact that Rudzitis had not completed the entire manufacturing process.
The High Court allowed the appeal and quashed the original sentence, substituting a new sentence of 2 years and 8 months imprisonment. The Court held that the potential capacity to manufacture MDMA was a relevant consideration in determining the sentence, and that the Court of Appeal had erred in not taking this into account. The Court also held that the sentence was manifestly excessive, and that the Court of Appeal had given irrelevant consideration to a chemical not connected with the offence. The Court emphasised that the decision turned on its own facts, and that the sentence should be proportionate to the seriousness of the offence.
Orders
Orders of the court
Appeal allowed
Sentence of 5 years imprisonment quashed
New sentence of 2 years and 8 months imprisonment substituted
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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