JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: SCOTT -v- THE KING [2023] WASCA 14
CORAM: BUSS P
MAZZA JA
VAUGHAN JA
HEARD: 5 AUGUST 2022
DELIVERED : 31 JANUARY 2023
FILE NO/S: CACR 162 of 2021
BETWEEN: DARRIN JOHN SCOTT
Appellant
AND
THE KING
Respondent
FILE NO/S: CACR 5 of 2022
BETWEEN: DARRIN JOHN SCOTT
Appellant
AND
THE KING
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram: GOETZE DCJ
File Number : IND 429 of 2020
Catchwords:
Criminal law - Sentencing - Application for leave to appeal against sentence - Application for leave to appeal against order fixing non‑parole period - Appellant convicted of intentionally importing tier 1 goods contrary to s 233BAA(4) of the Customs Act 1901 (Cth) - Whether sentence of 1 year 4 months' imprisonment on count 1 was manifestly excessive - Whether total effective sentence of 4 years' imprisonment infringed first limb of totality principle - Whether a non‑parole period of 2 years 8 months was manifestly excessive
Legislation:
Proceeds of Crime Act 2002 (Cth)
Crimes Act 1914 (Cth)
Customs Act 1901 (Cth)
Result:
CACR 162 of 2021
Leave to appeal on ground 1 refused
Leave to appeal on ground 2 granted
Appeal dismissed
CACR 5 of 2022
Leave to appeal on single ground of appeal granted
Appeal dismissed
Category: D
Representation:
CACR 162 of 2021
Counsel:
| Appellant | : | C M Townsend |
| Respondent | : | E P Fitzpatrick |
Solicitors:
| Appellant | : | Timpano Legal |
| Respondent | : | Director of Public Prosecutions (Cth) |
CACR 5 of 2022
Counsel:
| Appellant | : | C M Townsend |
| Respondent | : | E P Fitzpatrick |
Solicitors:
| Appellant | : | Timpano Legal |
| Respondent | : | Director of Public Prosecutions (Cth) |
Case(s) referred to in decision(s):
Duffy v Richardson [2004] ACTSC 47
Garcia v The Queen [2013] NSWCCA 241
He v The Queen [2016] NSWCCA 220
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
Lam v The Queen [2014] WASCA 114; (2014) 241 A Crim R 562
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Nguyen v The Queen [2016] NSWCCA 5
Oliveria v The Queen [2020] WASCA 32
R v Ng [2012] WASCA 180
R v Russell [2017] SASCFC 126
R v Temmingh [2005] NSWCCA 261
Soerensen v The Queen [2020] WASCA 114
JUDGMENT OF THE COURT:
Overview
On 24 June 2021, the appellant, Darrin Scott, was convicted on his pleas of guilty of seven counts of intentionally importing tier 1 goods contrary to s 233BAA(4) of the Customs Act 1901 (Cth). Mr Scott imported various steroids (referred to as 'anabolic or androgenic substances') of different weights and purities. On 21 October 2021, Mr Scott was sentenced to a total effective sentence of 4 years' immediate imprisonment backdated to 19 October 2021. The sentencing judge also ordered that Mr Scott be eligible for parole after serving 2 years and 8 months of…
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- Scott v The King [2023] WASCA 14
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- [2023] WASCA 14
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