Vogel v The Queen

Case [2002] WASCA 261


VOGEL -v- THE QUEEN [2002] WASCA 261



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 261
COURT OF CRIMINAL APPEAL
Case No:CCA:95/20025 SEPTEMBER 2002
Coram:MURRAY J
WHEELER J
BURCHETT AUJ
20/09/02
5Judgment Part:1 of 1
Result: Application for leave to appeal against sentence dismissed
B
PDF Version
Parties:PETER EDMUND VOGEL
THE QUEEN

Catchwords:

Criminal law
Sentence
Possession methylamphetamine with intent to sell or supply
Sentence upheld

Legislation:

Nil

Case References:

Bellissimo v R (1996) 84 A Crim R 465
Darwell v R (1997) 94 A Crim R 35
Watt v R [2000] WASCA 354

Jacobs v R (2001) 124 A Crim R 115
Lowndes v R (1999) 195 CLR 665
Tsagaris v R, unreported; CCA SCt of WA; Library No 980721; 14 December 1998
Van De Aar v R (2001) 124 A Crim R 115

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : VOGEL -v- THE QUEEN [2002] WASCA 261 CORAM : MURRAY J
    WHEELER J
    BURCHETT AUJ
HEARD : 5 SEPTEMBER 2002 DELIVERED : 20 SEPTEMBER 2002 FILE NO/S : CCA 95 of 2002 BETWEEN : PETER EDMUND VOGEL
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentence - Possession methylamphetamine with intent to sell or supply - Sentence upheld




Legislation:

Nil




Result:

Application for leave to appeal against sentence dismissed



(Page 2)

Category: B

Representation:


Counsel:


    Applicant : Mr R W Cannon
    Respondent : Mr K M Tavener


Solicitors:

    Applicant : R W Cannon
    Respondent : State Director of Public Prosecutions



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

Bellissimo v R (1996) 84 A Crim R 465
Darwell v R (1997) 94 A Crim R 35
Watt v R [2000] WASCA 354

Case(s) also cited:



Jacobs v R (2001) 124 A Crim R 115
Lowndes v R (1999) 195 CLR 665
Tsagaris v R, unreported; CCA SCt of WA; Library No 980721; 14 December 1998
Van De Aar v R (2001) 124 A Crim R 115

(Page 3)

1 MURRAY J: I agree with Wheeler J that, for the reasons given by her Honour, leave to appeal should be refused in this case.

2 WHEELER J: On 15 May 2002 this applicant was sentenced to 3 years' imprisonment with eligibility for parole in respect of one count of possession of methylamphetamine with intent to sell or supply. The maximum penalty for such an offence is 25 years' imprisonment and/or $100,000 fine.

3 The circumstances of the offence were that early on the morning of 12 November 2000 the applicant was at the East Perth lockup, having been arrested as a result of an incident outside a nightclub. He was searched there and found to have in his possession two packets of white powder, one packet being found in his wallet and the other in his pocket. One contained 3.8 grams of methylamphetamine of 11 per cent purity and the other 2.86 grams of…

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Vogel v The Queen [2002] WASCA 261
Case
[2002] WASCA 261
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Vogel, the appellant, faced the Crown in a case concerning possession of methylamphetamine with intent to sell or supply. The matter was heard by the High Court, which was tasked with reviewing the sentence imposed on Vogel following his conviction. The appellant challenged the sentence, arguing it was excessive and disproportionate to the crime committed. The Crown defended the sentence, asserting it was appropriate given the nature and circumstances of the offence.

The central legal issue before the court was whether the sentence imposed by the lower court was manifestly excessive. The court was required to consider the principles of sentencing, particularly in relation to proportionality and deterrence, as well as the specific factors that warranted the sentence. This included assessing the quantum of the drugs involved, the role of the appellant in the criminal activity, and the potential impact on the community. The court also needed to determine whether the lower court had adequately considered all relevant mitigating and aggravating factors.

The High Court found that the sentence imposed was not manifestly excessive. The court held that the lower court had appropriately considered the gravity of the offence, the appellant's criminal history, and the need for general deterrence. The quantum of the drugs, the appellant's role in the criminal activity, and the potential harm to the community were all significant factors that justified the sentence. The court was satisfied that the lower court had exercised its discretion correctly in arriving at the sentence. As a result, the appeal against the sentence was dismissed, and the application for leave to appeal was also denied.

Orders

Orders of the court

Application for leave to appeal against sentence dismissed

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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