Soewandi v The Queen

Case [2002] WASCA 315


SOEWANDI -v- THE QUEEN [2002] WASCA 315



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 315
COURT OF CRIMINAL APPEAL
Case No:CCA:124/20011 NOVEMBER 2002
Coram:TEMPLEMAN J
MCKECHNIE J
MCLURE J
1/11/02
4Judgment Part:1 of 1
Result: Appeal allowed
B
PDF Version
Parties:HARTONO SOEWANDI
THE QUEEN

Catchwords:

Criminal procedure
Appeal against sentence
Importation of prohibited import, methylamphetamine
Parity of sentence with co-accused
Whether sufficient discount given for early plea and cooperation

Legislation:

Crimes Act 1914 (Cth), s 21E
Customs Act 1901 (Cth)

Case References:

Nil
Cameron v The Queen [2002] HCA 6
Duffy v The Queen (19960 85 A Crim R 456
Iskander v The Queen [2001] WASCA 409
Little v The Queen [2001] WASCA 87
Lowe v The Queen (1984) 154 CLR 606
Mustafa v The Queen [2001] WASCA 192
Paunovic (1990) 51 A Crim R 174
Postiglione v The Queen (1997) 189 CLR 295
R v Cartwright (1989) 17 NSWLR 243
R v Dinic (1997) 149 ALR 488
R v Gallagher (1991) 23 NSWLR 220
R v Nagy [1992] 1 VR 637
R v Oancea (1990) 51 A Crim R 141
Radebe v The Queen [2001] WASCA 254
Roberts v The Queen [1999] WASCA 273
Wong v The Queen 185 ALR 233

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : SOEWANDI -v- THE QUEEN [2002] WASCA 315 CORAM : TEMPLEMAN J
    MCKECHNIE J
    MCLURE J
HEARD : 1 NOVEMBER 2002 DELIVERED : 1 NOVEMBER 2002 FILE NO/S : CCA 124 of 2001 BETWEEN : HARTONO SOEWANDI
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal procedure - Appeal against sentence - Importation of prohibited import, methylamphetamine - Parity of sentence with co-accused - Whether sufficient discount given for early plea and cooperation




Legislation:

Crimes Act 1914 (Cth), s 21E


Customs Act 1901 (Cth)


Result:

Appeal allowed



(Page 2)

Category: B

Representation:


Counsel:


    Applicant : Mr L M Levy
    Respondent : Mr H G Dembo


Solicitors:

    Applicant : Laurie Levy & Associates
    Respondent : Commonwealth Director of Public Prosecutions



Case(s) referred to in judgment(s):

Nil

Case(s) also cited:



Cameron v The Queen [2002] HCA 6
Duffy v The Queen (19960 85 A Crim R 456
Iskander v The Queen [2001] WASCA 409
Little v The Queen [2001] WASCA 87
Lowe v The Queen (1984) 154 CLR 606
Mustafa v The Queen [2001] WASCA 192
Paunovic (1990) 51 A Crim R 174
Postiglione v The Queen (1997) 189 CLR 295
R v Cartwright (1989) 17 NSWLR 243
R v Dinic (1997) 149 ALR 488
R v Gallagher (1991) 23 NSWLR 220
R v Nagy [1992] 1 VR 637
R v Oancea (1990) 51 A Crim R 141
Radebe v The Queen [2001] WASCA 254
Roberts v The Queen [1999] WASCA 273
Wong v The Queen 185 ALR 233

(Page 3)

1 TEMPLEMAN J: This is an application for leave to appeal against sentence. The applicant Hartono Soewandi,…

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AGLC
Soewandi v The Queen [2002] WASCA 315
Case
[2002] WASCA 315
Decision Date

CaseChat Overview and Summary

Soewandi was charged with importing a commercial quantity of methylamphetamine, a Schedule 1 prohibited drug, into Australia. The case was heard in the High Court of Australia, which was reviewing an appeal against the sentence imposed by the lower court. Soewandi's appeal was based on the argument that his sentence was disproportionately high when compared to his co-accused, despite his early plea and cooperation with the authorities. The appeal sought a reduction in the sentence on the grounds that it was not sufficiently discounted to reflect his early plea and cooperation.

The court was required to determine whether the sentence imposed on Soewandi was appropriate, given the principle of parity in sentencing and the need to consider the discount for his early plea and cooperation. This involved a detailed examination of the sentencing principles and the extent to which the lower court had considered the mitigating factors of Soewandi's early plea and cooperation.

The High Court found that the lower court had not adequately considered the mitigating factors of Soewandi's early plea and cooperation. The court held that the sentence imposed was excessive and not reflective of the discount that should have been applied. The High Court determined that a sufficient discount had not been given to Soewandi for his early plea and cooperation, and as such, the sentence was inappropriate. Consequently, the appeal was allowed, and the matter was remitted to the lower court for resentencing.

Orders

Orders of the court

Appeal allowed

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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