SERRETTE -v- THE QUEEN [2000] WASCA 405
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 405 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:109/1999 | 19 OCTOBER 2000 | |
| Coram: | KENNEDY J PIDGEON J MURRAY J | 20/12/00 | |
| 12 | Judgment Part: | 1 of 1 | |
| Result: | Application for leave to appeal dismissed | ||
| PDF Version |
| Parties: | JOFFRE GERARD SERRETTE THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing Importation of a trafficable quantity of cocaine into Australia 1,431 grams of cocaine having pure content of 925.4 grams Plea of guilty on fast track system Whether sufficient discount for plea of guilty Whether sufficient discount for past and future co-operation with law enforcement authorities Sentence of 10 years' imprisonment with minimum term of 6 years upheld |
Legislation: | Nil |
Case References: | Ferrer-Esis v R(1991) 55 A Crim R 231 Lowndes v The Queen (1999) 195 CLR 665 Medina v The Queen (1990) 108 FLR 288 Quach v The Queen [1999] WASCA 210 R v Bernier (1998) 102 A Crim R 44 R v Foster and D'Anna (1992) 59 A Crim R 14 R v Gallagher (1991) 23 NSWLR 220 R v Morrison [1999] 1 Qd R 397 R v Olbrich (1999) 73 ALJR 1550 R v Storey [1998] 1 VR 359 R v Wong (1999) 108 A Crim R 531 Doherty v The Queen, unreported; CCA SCt of WA; Library No 970518; 14 October 1997 He Kaw Teh v The Queen (1985) 157 CLR 523 La Rosa v The Queen, unreported; CCA SCt of WA; Library No 960628; 31 October 1996 Lim v The Queen, unreported; CCA SCt of WA; Library No 970482; 26 September 1997 Miles v The Queen (1997) 17 WAR 518 R v Bigic [2000] NSWCCA 9 R v Carey (1997) 97 A Crim R 552 R v Cartwright (1989) 17 NSWLR 243 R v Cottrell (1989) 42 A Crim R 31 R v Diefenbach (1999) 108 A Crim R 19 R v Dinic (1997) 149 ALR 488 R v Duffy (1996) 85 A Crim R 456 R v Heryadi (1998) 98 A Crim R 578 R v Kovacs (2000) 111 A Crim R 374 R v Lawson (1997) 98 A Crim R 463 R v Ngui (2000) 111 A Crim R 593 R v Parsons (1993) 66 A Crim R 550 R v Perrier (No 2) [1991] 1 VR 717 R v Quansah [2000] NSWCCA 64 R v Thomas (1999) 107 A Crim R 311 R v Tomasevic (1990) 51 A Crim R 72 R v Winchester (1992) 58 A Crim R 345 Stretton v The Queen, unreported; CCA SCt of WA; Library No 950282; 1 June 1995 Voong v The Queen [2000] WASCA 220 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : SERRETTE -v- THE QUEEN [2000] WASCA 405 CORAM : KENNEDY J
- PIDGEON J
MURRAY J
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- [2000] WASCA 405
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CaseChat Overview and Summary
In the case of Serrette v The Queen, the defendant was found guilty of importing a trafficable quantity of cocaine into Australia. The drugs in question weighed 1,431 grams with a pure content of 925.4 grams. The defendant entered a plea of guilty under the fast track system, which raised questions about the appropriate discount for such a plea and for the defendant’s cooperation with law enforcement authorities both past and future. The court had to determine whether the sentence handed down of 10 years' imprisonment with a non-parole period of 6 years was appropriate in all the circumstances.
The legal issues before the court included whether the sentence adequately reflected the discount for the defendant’s plea of guilty and his cooperation with authorities. The defence argued that the sentence was excessive, given the discounts that should have been applied. The prosecution maintained that the sentence was just, considering the serious nature of the offence. The court needed to balance the principles of deterrence and denunciation with the defendant’s cooperation and remorse.
The court held that the sentence of 10 years' imprisonment with a non-parole period of 6 years was appropriate. It found that the discount for the plea of guilty and the defendant's cooperation had been sufficiently taken into account. The court considered the seriousness of the offence, the amount of drugs involved, and the defendant's role in the importation. The court was satisfied that the sentence was commensurate with the gravity of the crime and the need to protect the community.
The final orders of the court were to dismiss the defendant's application for leave to appeal, affirming the sentence as just and appropriate. The court found no grounds to interfere with the primary judge’s sentencing decision.
The legal issues before the court included whether the sentence adequately reflected the discount for the defendant’s plea of guilty and his cooperation with authorities. The defence argued that the sentence was excessive, given the discounts that should have been applied. The prosecution maintained that the sentence was just, considering the serious nature of the offence. The court needed to balance the principles of deterrence and denunciation with the defendant’s cooperation and remorse.
The court held that the sentence of 10 years' imprisonment with a non-parole period of 6 years was appropriate. It found that the discount for the plea of guilty and the defendant's cooperation had been sufficiently taken into account. The court considered the seriousness of the offence, the amount of drugs involved, and the defendant's role in the importation. The court was satisfied that the sentence was commensurate with the gravity of the crime and the need to protect the community.
The final orders of the court were to dismiss the defendant's application for leave to appeal, affirming the sentence as just and appropriate. The court found no grounds to interfere with the primary judge’s sentencing decision.
Orders
Orders of the court
Application for leave to appeal dismissed
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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