JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: WOOD -v- THE QUEEN [2003] WASCA 16
CORAM: MALCOLM CJ
MURRAY J
MILLER J
HEARD: 6 FEBRUARY 2003
DELIVERED : 6 FEBRUARY 2003
PUBLISHED : 20 FEBRUARY 2003
FILE NO/S: CCA 105 of 2002
BETWEEN: EDWARD KEVIN WOOD
Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal Law and Procedure - Sentencing - Aggregate term of 91/2 years imprisonment imposed for a series of drug offences committed on two dates - Extent to which they should be ordered to be served cumulatively - Aggregate term reduced to 71/2 years imprisonment - Turns on own facts.
Legislation:
Criminal Code (WA), s 557
Misuse of Drugs Act 1981 (WA), s 34(2)(a)
Result:
Leave granted, appeal allowed, sentences varied
Category: B
Representation:
Counsel:
Applicant: Mr P J Hogan
Respondent: Mr S E Stone
Solicitors:
Applicant: Andree Horrigan
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Cameron v The Queen (2002) 76 ALJR 382
R v Bellissimo (1996) 84 A Crim R 465
R v White [2002] WASCA 112
Case(s) also cited:
Leonard v The Queen, unreported; CCA SCt of WA; Library No 990152C; 29 March 1999
Lowe v The Queen (1984) 154 CLR 606
Lowndes v The Queen (1999) 195 CLR 665
Maniaci v The Queen [2000] WASCA 195
Mill v The Queen (1988) 166 CLR 59
Quach v The Queen [1999] WASCA 210
R v Chick (2000) 114 A Crim R 417
R v Grein [1989] WAR 178
R v Pop (2000) 116 A Crim R 398
R v Ruich [2000] WASCA 84
Webb v The Queen, unreported; CCA SCt of WA; Library No 980257; 4 May 1998
JUDGMENT OF THE COURT: On 7 October 2000 the applicant's home was searched under warrant. In a shed at the rear of the property almost 160 grams of methylamphetamine were located in various lots with different degrees of purity. In addition the police found a quantity of ketamine tablets weighing 14.6 grams with a purity of 18 per cent. In various containers in the shed they also located nearly a kilogram and a half of cannabis leaf material. In addition, they found snap‑lock bags, electronic scales and a total of $16,085 in cash.
The applicant was charged with three offences, all committed on 7 October 2000: possession of methylamphetamine, ketamine and cannabis, in each case with intent to sell or supply. The offence of particular interest in the context of the present appeal is the offence of possession of the cannabis with intent to sell or supply, an offence punishable under the Misuse of Drugs Act 1981 (WA), s 34(2)(a) by a fine of $20,000 or imprisonment for 10 years or both.
Eight months later, on 3 May, the police returned and again searched the applicant's home under warrant. In the same shed they found a smaller amount of just over 36 grams of methylamphetamine in various places in the shed. There were quantities from small…
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- AGLC
- Wood v The Queen [2003] WASCA 16
- Case
- [2003] WASCA 16
- Decision Date
CaseChat Overview and Summary
The court examined the nature and extent of the offences, noting the significant quantities of drugs and cash found during the searches. It considered the applicant's history of drug-related offences and the fact that some of the crimes were committed while the applicant was on bail. Despite the late guilty pleas, the court recognised some credit for these admissions, as there was no realistic defence to the charges. The sentencing judge applied a minimal discount for the guilty pleas but emphasised the recidivist nature of the crimes.
In its judgment, the court reduced the aggregate term of imprisonment from 9½ years to 7½ years, recognising the need for a sentence that reflected both the seriousness of the crimes and the mitigating factors. The decision underscored the importance of considering the totality of the circumstances, including the applicant's criminal history and the nature of the offences, in determining an appropriate sentence.
The final order of the court was that the applicant's sentence would be reduced to 7½ years of imprisonment, to be served concurrently where possible.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: MURRAY J
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