FEDERAL COURT OF AUSTRALIA
The Queen v Griggs [1999] FCA 1573
CRIMINAL LAW – prosecution appeal against sentence – offences of armed robbery and assault occasioning actual bodily harm – suspended sentence and treatment order on first count – Griffiths bond on second count – whether sentence on first count manifestly inadequate – extraordinary circumstances of offence – significance of offender’s dependence on heroin and prospect of rehabilitation pursuant to treatment order – prevalence of use of heroin in Australian Capital Territory – changing community attitudes to heroin use.
Crimes Act 1900 (ACT), s 429AB, s 429A, s 429B, s 556B(1), s 448
Drug Court Act 1998 (NSW)
Drugs of Dependence Act 1989 (ACT), s 123
Federal Court Act 1976 (Cth), s 24(1A)R v Hebditch [1999] FCA 1087
The Queen v Irvine [1999] FCA 1286
The Queen v Blaskovic [1999] FCA 1306
Everett v The Queen (1994) 181 CLR 295R v Tait (1979) 24 ALR 473
R v Jurisic (1998) 101 A Crim R 259
Kovac v R (1977) 15 ALR 637)R v Henry [1999] NSWCCA 111
Chung Thi Le v R [1997] FCA 1286
R v Jurkovic (1981) 6 A Crim R 215
R v Suen (1987) 25 A Crim R 393
R v Oliver (1982) 7 A Crim R 174
Murrell v The Queen (1985) 4 FCR 168
R v Roberts (1994) 73 A Crim R 306R v Hodge (unreported, NSWCCA, 2 November 1993)
R v Anderson (1993) 177 CLR 520
R v Capobianco (1978) 20 ACTR 29.Talbot v The Queen (1992) 59 A Crim R 383
Douglas v The Queen (1995) 56 FCR 465.
R v Griffiths (1975) 1 NSWLR 229
Griffiths v R (1977) 137 CLR 293
R v Tindall (1994) 74 A Crim R 275
R v Jamie Griggs [1999] ACTSC 73THE QUEEN v JAMIE GRIGGS
A 26 of 1999
MILES, MADGWICK and DOWSETT JJ
12 NOVEMBER 1999
CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
CANBERRA DISTRICT REGISTRY
A 26 OF 1999
BETWEEN:
THE QUEEN
AppellantAND:
JAMIE GRIGGS
RespondentJUDGES:
MILES, MADGWICK and DOWSETT JJ
DATE OF ORDER:
12 NOVEMBER 1999
WHERE MADE:
CANBERRA
THE COURT ORDERS THAT:
1.The appeal be dismissed.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
CANBERRA DISTRICT REGISTRY
A 26 OF 1999
BETWEEN:
THE QUEEN
AppellantAND:
JAMIE GRIGGS
RespondentJUDGES:
MILES, MADGWICK and DOWSETT JJ
DATE:
12 NOVEMBER 1999
PLACE:
CANBERRA
REASONS FOR JUDGMENT
MILES J:
This is an appeal by the Director of Public Prosecutions of the Australian Capital Territory (the Director) from a sentence imposed by the Supreme Court of the Australian Capital Territory (Higgins J) upon the respondent pleading guilty to two counts on an indictment, one a charge of armed robbery and the other a charge of assault occasioning actual bodily harm.
The sentence imposed for the offence of armed robbery was as follows:
(a)Two years imprisonment, suspended after seven months…
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- AGLC
- The Queen v Griggs [1999] FCA 1573
- Case
- [1999] FCA 1573
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to determine were whether the trial judge was correct in finding that the appellant had wilfully lied under oath, and whether the sentence imposed was appropriate. The court needed to review the evidence presented at the trial and the appeal, as well as the relevant legal principles, to determine the validity of the conviction and sentence. This involved considering the credibility of the witnesses, the consistency of the evidence, and the application of legal principles to the facts of the case.
The Court of Appeal held that the trial judge was correct in finding that the appellant had wilfully lied under oath. The court found that the evidence presented at the trial was sufficient to establish the appellant's guilt beyond reasonable doubt, and that the trial judge had appropriately assessed the credibility of the witnesses. The court also found that the sentence imposed was appropriate, taking into account the gravity of the offence and the need for general deterrence. The appeal was therefore dismissed, and the conviction and sentence of the appellant were upheld.
Orders
Orders of the court
1. The appeal be dismissed.
Note:
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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