JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: SIKALOSKI -v- THE QUEEN [2000] WASCA 63
CORAM: WALLWORK J
MURRAY J
SCOTT J
HEARD: 3 FEBRUARY 2000
DELIVERED : 14 MARCH 2000
FILE NO/S: CCA 140 of 1999
BETWEEN: MIKE SIKALOSKI
Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law - Sentencing - Possession of amphetamine with intent to sell or supply - Failure of sentencing Judge to specify discount to be given for applicant's co-operation with police - Public interest - Principle in R v Cartwright - Encouraging offenders to bring illegal activity to the attention of authorities - Applicant acting for own forensic advantage - Allegations of police misconduct
Legislation:
Nil
Result:
Leave to appeal granted
Appeal against sentence allowed
Representation:
Counsel:
Applicant: Mr S D Hall
Respondent: Mr M Mischin
Solicitors:
Applicant: Pryles & Defteros
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Attwell v The Queen (1990) 1 WAR 540
Hayes v The Queen [1981] WAR 252
R v Cartwright (1989) 17 NSWLR 243
R v Golding (1980) 24 SASR 161
Salamen v R (1991) 55 A Crim R 384
Case(s) also cited:
Bellissimo v R (1996) 84 A Crim R 465
Darwell (1997) 94 A Crim R 35
Gallagher v R (1991) 53 A Crim R 248
Kim Long Quach v R [1999] WASCA 210
R v Dao, unreported; CCA SCt of WA; Library No 980619; 29 October 1998
WALLWORK J: I agree with the reasons for judgment of Scott J and to the order proposed by his Honour.
MURRAY J: I respectfully agree with Scott J that for the reasons he gives, leave should be granted in this case and the appeal should be allowed. I would concur in his Honour's view that the sentence imposed with respect to the offence of possession of amphetamine with intent to sell or supply it to another should be reduced from a term of 6 years imprisonment to one of 4‑1/2 years.
It is true, I think, as the respondent argued, that the applicant was presented with a fortuitous opportunity to obtain some support for the proposition that the investigating police had stolen money and a photograph from him. There is no doubt that he then sought to use that information to his forensic advantage during his trial, but it is also clear that he did co‑operate with the police investigation of the allegation of theft made against the investigating police officers. That co‑operation was asserted to be of value during the course of that investigation and, as Scott J has pointed out, that assertion was expressly not contested by the respondent. In those circumstances I think it cannot now be argued that the information in some way lacked cogency or was not of value. A discount of some substance from an otherwise proportionate sentence was required.
It is not to the point I think that, as the respondent argued, the applicant did not provide information…
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- AGLC
- Sikaloski v The Queen [2000] WASCA 63
- Case
- [2000] WASCA 63
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Court had to determine was whether the sentencing judge erred by not specifying the discount to be given for the appellant's co-operation with the police. The Court needed to consider the principles established in R v Cartwright, which set out the framework for considering a discount for co-operation. Additionally, the Court had to assess the extent to which the appellant's co-operation was genuine and not solely for his own forensic advantage, as well as the public interest in encouraging offenders to bring illegal activity to the attention of authorities.
The Court found that the sentencing judge did not adequately specify the discount for the appellant's co-operation, which was an error. The Court acknowledged the importance of the principle in R v Cartwright, which recognises the public interest in offenders cooperating with law enforcement. However, the Court also noted that the appellant's co-operation was not entirely selfless, as he acted partly for his own forensic advantage. Despite this, the Court emphasised the importance of considering the overall public interest in encouraging offenders to report illegal activity. As a result, the Court ordered a re-sentencing hearing to appropriately account for the discount for co-operation.
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: MURRAY J
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