Stamatopoulos v The Queen

Case

[2018] WASCA 148

29 AUGUST 2018


Details
AGLC Case Decision Date
Stamatopoulos v The Queen [2018] WASCA 148 [2018] WASCA 148 29 AUGUST 2018

CaseChat Overview and Summary

Stamatopoulos appealed against his conviction and sentence in relation to 60 counts of obtaining a financial advantage by deception and three counts of attempting to obtain a financial advantage by deception. The High Court of Australia was tasked with reviewing the appeal against the sentence imposed. The primary legal issue the court had to address was whether the sentence imposed on the appellant was manifestly excessive and whether the totality principle was appropriately applied.

The court examined the totality principle, which refers to the need to consider the overall sentence rather than individual sentences for each count. The court noted that while each offence was serious, the appellant's actions were part of a single scheme over a period of time. The court also considered the appellant's culpability, the harm caused, and the need for deterrence and denunciation. The court held that while the sentence was severe, it was not manifestly excessive when considering the totality of the offending and the need for appropriate punishment and deterrence. The appeal against sentence was dismissed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Appeal

  • Sentencing

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Cases Citing This Decision

10

Read v The Queen [2020] WASCA 56
Cases Cited

22

Statutory Material Cited

2

Ly v The Queen [2007] NSWCCA 28
Thompson v The Queen [2005] WASCA 223
Ramanah v The Queen [2006] WASCA 112