JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: "S" -v- THE QUEEN [2000] WASCA 34
CORAM: KENNEDY J
WALLWORK J
ANDERSON J
HEARD: 11 NOVEMBER 1999
DELIVERED : 28 FEBRUARY 2000
FILE NO/S: CCA 163 of 1999
BETWEEN: "S"
Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Appeal - Two counts of possession of heroin with intent to sell or supply it to another, one count of possession of cocaine with intent to sell or supply it to another - Early plea of guilty - Assistance to police leading to the conviction of another for an unrelated crime - Sentence of 6 years' imprisonment - Inadequate recognition of mitigating circumstances - Effective sentence reduced to 5 years
Legislation:
Nil
Result:
Leave to appeal granted
Appeal allowed
Representation:
Counsel:
Applicant: Mr J A Sutherland
Respondent: Mr R E Cock QC
Solicitors:
Applicant: McDonald & Sutherland
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Pearce v The Queen (1998) 194 CLR 610
R v Cartwright (1989) 17 NSWLR 243
R v Cottrell (1989) 42 A Crim R 31
Case(s) also cited:
Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621
Eyre v The Queen, unreported; CCA SCt of WA; Library No 930149; 18 March 1993
Gasteau v The Queen [1999] WASCA 153
House v The King (1936) 55 CLR 499
La Rosa v The Queen, unreported; CCA SCt of WA; Library No 960628; 31 October 1996
Malvaso v The Queen (1989) 168 CLR 227
Miller v The Queen [1999] WASCA 66
Quach v The Queen [1999] WASCA 210
R v Dao, unreported; CCA SCt of WA; Library No 980619; 29 October 1998
R v Manisco (1995) 79 A Crim R 213
R v Weng Keong Chan (1989) 38 A Crim R 337
Verschuren v The Queen (1996) 17 WAR 467
KENNEDY J: I have had the benefit of reading in draft the reasons to be published by Anderson J. For the reasons which his Honour gives, I agree that leave to appeal should be granted and the appeal allowed to the extent which his Honour proposes.
WALLWORK J: I agree with the reasons for judgment of Anderson J. There is nothing I could usefully add to those reasons.
ANDERSON J: This is an application for an extension of time within which to appeal against sentence and for leave to appeal against sentence. The applicant was presented in the District Court on 31 May last on an indictment containing three counts, two of possessing heroin with intent to sell or supply and one of possessing cocaine with intent to sell or supply. He was sentenced to an aggregate of 6 years' imprisonment in the form of 6 years on each charge, to be served concurrently.
The applicant had been apprehended in November 1998, whilst driving a motor vehicle. Some 58 grams of heroin was found in the motor vehicle and…
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- "S" v The Queen [2000] WASCA 34
- Case
- [2000] WASCA 34
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the original sentence was manifestly excessive, considering the mitigating factors presented. The court had to determine if the sentence was appropriate in light of the appellant's early guilty plea and substantial assistance to law enforcement. The appellant's legal team argued that the sentence did not sufficiently reflect the mitigating circumstances, which warranted a lesser punishment.
The court found that the trial judge did not adequately consider the mitigating factors, particularly the appellant's guilty plea and assistance to police. The court emphasised that the sentence should reflect all the circumstances of the case, including the appellant's cooperation with authorities. Given the undervaluation of these mitigating factors, the court reduced the sentence from six years to five years. This decision acknowledged the importance of recognising the appellant’s actions that went beyond mere participation in the criminal activities.
Orders
Orders of the court
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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
Established by: WALLWORK J
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