TRESCURI -v- R [1999] WASCA 172
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [1999] WASCA 172 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:1/1999 | 3 AUGUST 1999 | |
| Coram: | IPP J ANDERSON J WHITE J | 10/09/99 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted Appeal allowed | ||
| PDF Version |
| Parties: | ROBERT GRAHAM TRESCURI THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing 13 counts including unlawful and indecent dealing, sexual penetration without consent and attempted sexual penetration of two young girls Representative of a course of conduct over approximately three years Applicant pleaded guilty at earliest opportunity Evidence of remorse Aggregate sentence of 14 years set aside and 10 years substituted |
Legislation: | Sentencing Act 1995, s 8 |
Case References: | De Luce v R, unreported; CCA SCt of WA; Library No 960375; 19 July 1996 Johnston v R, unreported; CCA SCt of WA; Library No 960153; 22 March 1996 Leslie v R, unreported; CCA SCt of WA; Library No 940080; 21 February 1994 R v Wozencroft, unreported; CCA SCt of WA; Library No 6606; 25 February 1987 Stretton v R, unreported; CCA SCt of WA; Library No 950282; 1 June 1995 Woods v The Queen (1996) 14 WAR 341 Jarvis v R, unreported; CCA SCt of WA; Library No 930341; 14 June 1993 Kirk v R, unreported; CCA SCt of WA; Library No 980067; 17 February 1998 R v Podirsky (1989) 43 A Crim R 404 Shepherdson v R, unreported; CCA SCt of WA; Library No 920179; 27 March 1992 Wong v R, unreported; CCA SCt of WA; Library No 980218; 2 April 1998 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : TRESCURI -v- R [1999] WASCA 172 CORAM : IPP J
- ANDERSON J
WHITE J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - 13 counts including unlawful and indecent dealing, sexual penetration without consent and attempted sexual penetration of two young girls - Representative of a course of conduct over approximately three years - Applicant pleaded guilty at earliest opportunity - Evidence of remorse - Aggregate sentence of 14 years set aside and 10 years substituted
Legislation:
Sentencing Act 1995, s 8
(Page 2)
Result:
Leave to appeal granted
Appeal allowed
Representation:
Counsel:
Applicant : Ms C J Rossi
Respondent : Mr M Mischin
Solicitors:
Applicant : Director of Legal Aid
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
De Luce v R, unreported; CCA SCt of WA; Library No 960375; 19 July 1996
Johnston v R, unreported; CCA SCt of WA; Library No 960153; 22 March 1996
Leslie v R, unreported; CCA SCt of WA; Library No 940080; 21 February 1994
R v Wozencroft, unreported; CCA SCt of WA; Library No 6606; 25 February 1987
Stretton v R, unreported; CCA SCt of…
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- AGLC
- Trescuri v The Queen [1999] WASCA 172
- Case
- [1999] WASCA 172
- Decision Date
CaseChat Overview and Summary
The case of Trescuri v The Queen involved an appellant who was convicted on 13 counts, including unlawful and indecent dealing, sexual penetration without consent, and attempted sexual penetration of two young girls. The offending represented a course of conduct over approximately three years. The appellant pleaded guilty at the earliest opportunity and demonstrated evidence of remorse. The High Court of Australia was tasked with reviewing the sentence imposed by the lower court, which was an aggregate of 14 years. The appellant sought to appeal the sentence, arguing that it was excessive and disproportionate to the crimes committed.
The legal issues before the court included the appropriate assessment of the appellant's culpability, the need to balance the principles of punishment and deterrence with those of rehabilitation, and the proper application of sentencing guidelines. The court also considered the factors of remorse and early guilty plea as mitigating elements in the sentencing process. Furthermore, the court examined whether the aggregate sentence imposed by the lower court was appropriate, considering the totality of the offending and the specific circumstances of the case.
In delivering its judgment, the court held that the aggregate sentence of 14 years was manifestly excessive and disproportionate to the crimes committed. The court emphasised the importance of individualising sentences to reflect the particular circumstances of each case and the need to consider all relevant mitigating and aggravating factors. The court substituted the aggregate sentence with a total of 10 years, finding that this was a more appropriate reflection of the appellant's culpability and the need to achieve the aims of sentencing. The appeal was allowed, and leave to appeal was granted.
The court's final orders included granting leave to appeal, allowing the appeal, and substituting the aggregate sentence of 14 years with a total of 10 years. The court's decision underscores the importance of a balanced approach to sentencing, taking into account both the gravity of the offending and the individual circumstances of the offender.
The legal issues before the court included the appropriate assessment of the appellant's culpability, the need to balance the principles of punishment and deterrence with those of rehabilitation, and the proper application of sentencing guidelines. The court also considered the factors of remorse and early guilty plea as mitigating elements in the sentencing process. Furthermore, the court examined whether the aggregate sentence imposed by the lower court was appropriate, considering the totality of the offending and the specific circumstances of the case.
In delivering its judgment, the court held that the aggregate sentence of 14 years was manifestly excessive and disproportionate to the crimes committed. The court emphasised the importance of individualising sentences to reflect the particular circumstances of each case and the need to consider all relevant mitigating and aggravating factors. The court substituted the aggregate sentence with a total of 10 years, finding that this was a more appropriate reflection of the appellant's culpability and the need to achieve the aims of sentencing. The appeal was allowed, and leave to appeal was granted.
The court's final orders included granting leave to appeal, allowing the appeal, and substituting the aggregate sentence of 14 years with a total of 10 years. The court's decision underscores the importance of a balanced approach to sentencing, taking into account both the gravity of the offending and the individual circumstances of the offender.
Orders
Orders of the court
Leave to appeal granted
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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