Tulloh v The Queen

Case [2004] WASCA 169


TULLOH -v- THE QUEEN [2004] WASCA 169



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 169
COURT OF CRIMINAL APPEAL
Case No:CCA:241/200221 JUNE 2004
Coram:MURRAY J
MILLER J
MCLURE J
11/08/04
20Judgment Part:1 of 1
Result: Leave to appeal refused
B
PDF Version
Parties:MICHAEL DENNIS JOHN TULLOH
THE QUEEN

Catchwords:

Criminal law
Sentencing
Possession with intent to sell or supply of 805 grams of high grade methylamphetamine
Offender pleaded not guilty
Sentence of 15 years' imprisonment
Whether excessive

Legislation:

Nil

Case References:

Aconi v The Queen [2001] WASCA 211
Allen v The Queen, unreported; CCA SCt of WA; Library No 950215; 27 April 1995
Cameron v The Queen [2000] WASCA 286
Collier v The Queen [2001] WASCA 69
Delovski v The Queen [2002] WASCA 88
Grakalic v The Queen [2002] WASCA 139
Kezkiropoulos v The Queen [2002] WASCA 352
Kirby v The Queen [2003] WASCA 164
Lowndes v The Queen (1999) 195 CLR 665
Marker v The Queen [2002] WASCA 282
Quach v R [1999] WASCA 210
Quach v The Queen [1999] WASCA 210
R v Bellissimo (1996) 84 A Crim R 465
R v Darwell (1997) 94 A Crim R 35
R v Doyle (1994) 71 A Crim R 360
R v Hafner [2002] WASCA 211
R v Munro [2000] WASCA 285
R v Ruich [2000] WASCA 84
Sinagra-Brisca v The Queen [2004] WASCA 68
Stapleton v The Queen [2004] WASCA 130
Watson v The Queen [2000] WASCA 119
Wong v The Queen (2001) 207 CLR 584; 76 ALJR 79

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : TULLOH -v- THE QUEEN [2004] WASCA 169 CORAM : MURRAY J
    MILLER J
    MCLURE J
HEARD : 21 JUNE 2004 DELIVERED : 11 AUGUST 2004 FILE NO/S : CCA 241 of 2002 BETWEEN : MICHAEL DENNIS JOHN TULLOH
    Applicant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : HEALY DCJ

File Number : IND 1741 of 2000



Catchwords:

Criminal law - Sentencing - Possession with intent to sell or supply of 805 grams of high grade methylamphetamine - Offender pleaded not guilty - Sentence of 15 years' imprisonment - Whether excessive



(Page 2)

Legislation:

Nil


Result:


Leave to appeal refused


Category: B


Representation:

Counsel:


    Applicant : Mr S M Brennan
    Respondent : Mr D Dempster

Solicitors:

    Applicant : Shane Michael Brennan
    Respondent : State Director of Public Prosecutions


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

Aconi v The Queen [2001] WASCA 211
Allen v The Queen, unreported; CCA SCt of WA; Library No 950215; 27 April 1995
Cameron v The Queen [2000] WASCA 286
Delovski v The Queen [2002] WASCA 88
Grakalic v The Queen [2002] WASCA 139
Kezkiropoulos v The Queen [2002] WASCA 352
Kirby v The Queen [2003] WASCA 164
Lowndes v The Queen (1999) 195 CLR 665
Marker v The Queen [2002] WASCA 282
Quach v The…

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Tulloh v The Queen [2004] WASCA 169
Case
[2004] WASCA 169
Decision Date

CaseChat Overview and Summary

In Tulloh v The Queen, the defendant, Tulloh, was convicted for possession with intent to sell or supply of 805 grams of high-grade methylamphetamine. The matter was brought before the High Court of Australia, where Tulloh appealed against the severity of the sentence imposed by the lower court. The appeal centered on the question of whether the 15-year imprisonment term was excessive given the circumstances of the case. Tulloh had pleaded not guilty, but was ultimately found guilty by the jury. The legal issues at hand required the court to consider the principles of sentencing in criminal cases, particularly in relation to drug-related offences, and to evaluate the proportionality of the sentence in light of the nature and gravity of the offence.

The court examined the principles of sentencing, taking into account the seriousness of the crime, the offender's criminal history, and the need for deterrence. It was noted that while drug trafficking is a serious crime, the court must also consider the individual circumstances of the offender. The court also considered the mandatory minimum sentencing provisions applicable to drug trafficking offences and the need to balance the protection of the community with the rights of the individual. The High Court found that the lower court had appropriately weighed these factors and had not erred in its assessment of the appropriate sentence.

In reaching its decision, the court held that the sentence of 15 years' imprisonment was not excessive. The court found that the lower court had correctly applied the principles of sentencing and had taken into account all relevant factors. The High Court also noted that the sentence was within the range of penalties typically imposed for such offences. The appeal was therefore dismissed, and leave to appeal was refused. The sentence of 15 years' imprisonment was upheld as appropriate and proportionate to the gravity of the offence committed.

Orders

Orders of the court

Leave to appeal refused

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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