"X" v The Queen

Case [2000] WASCA 355


"X" -v- THE QUEEN [2000] WASCA 355



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 355
COURT OF CRIMINAL APPEAL
Case No:CCA:83/20004 SEPTEMBER 2000
Coram:PIDGEON J
WALLWORK J
PARKER J
22/11/00
13Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal allowed in part
Minimum term varied from 5 years to 4 years 9 months
PDF Version
Parties:"X"
THE QUEEN

Catchwords:

Criminal law
Sentence
Importation of 224.1 grams pure heroin
Courier
Early plea of guilty and cooperation with authorities
Whether sentence of 7 years 4 months excessive
Criminal law
Sentence
Importation of heroin
Minimum term in excess of 2/3 of head term
Whether this complied with statutory requirements

Legislation:

Crimes Act 1914 (Cth), s 19AA(1)
Sentencing Act 1995 (WA), s 95

Case References:

Dinsdale v The Queen [2000] HCA 54
Doherty v R, unreported; CCA SCt of WA; Library No 970518; 14 October 1997
Duffy v R (1996) 85 A Crim R 456
Foster v D'Anna (1992) 59 A Crim R 14
Heryadi v R (1998) 98 A Crim R 578
House v The King (1936) 55 CLR 499
Lim v R, unreported; CCA SCt of WA; Library No 970482; 26 September 1997
Lowndes v The Queen (1999) 195 CLR 665
Oancea (1990) A Crim R 141
R v Cartwright (1989) 17 NSWLR 243
R v Dinic (1997) 149 ALR 488
R v Gallagher (1991) 23 NSWLR 220
R v Perrier (No 2) (1991) 1 VR 717

Cottrell (1989) A Crim R 31
Ferrer-Essis (1991) 55 A Crim R 213
Quach v The Queen [1999] WASCA 210
R v Tait & Bartley (1979) 24 ALR 473

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : "X" -v- THE QUEEN [2000] WASCA 355 CORAM : PIDGEON J
    WALLWORK J
    PARKER J
HEARD : 4 SEPTEMBER 2000 DELIVERED : 22 NOVEMBER 2000 FILE NO/S : CCA 83 of 2000 BETWEEN : "X"
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentence - Importation of 224.1 grams pure heroin - Courier - Early plea of guilty and cooperation with authorities - Whether sentence of 7 years 4 months excessive



Criminal law - Sentence - Importation of heroin - Minimum term in excess of 2/3 of head term - Whether this complied with statutory requirements


Legislation:

Crimes Act 1914 (Cth), s 19AA(1)


Sentencing Act 1995 (WA), s 95

(Page 2)

Result:

Leave to appeal granted


Appeal allowed in part
Minimum term varied from 5 years to 4 years 9 months

Representation:


Counsel:


    Applicant : Mr M J Bowden
    Respondent : Mr H G Dembo


Solicitors:

    Applicant : Cannon Bowden & Co
    Respondent : Commonwealth Director of Public Prosecutions


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

Dinsdale v The Queen [2000] HCA 54
Doherty v R, unreported; CCA SCt of WA; Library No 970518; 14 October 1997
Duffy v R (1996) 85 A Crim R 456
Foster v D'Anna (1992) 59 A…

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"X" v The Queen [2000] WASCA 355
Case
[2000] WASCA 355
Decision Date

CaseChat Overview and Summary

The appellant, "X", was convicted of importing 224.1 grams of pure heroin into Australia and was sentenced to imprisonment with a minimum term of 5 years. The appellant, who acted as a courier, had pleaded guilty early and cooperated with the authorities, factors which were taken into account during sentencing. The central issue for the court was whether the sentence imposed was excessive, considering the mitigating factors, and whether the minimum term of 5 years, which exceeded two-thirds of the head term, complied with statutory requirements. The court was also required to consider if the minimum term was disproportionately severe given the appellant's cooperation and early guilty plea.

The court examined the principles of sentencing, particularly the need to ensure that sentences are proportionate to the offence and consider the circumstances of the offender. It was noted that while the importation of heroin is a serious offence, the appellant's early plea of guilty and cooperation with authorities warranted a degree of leniency. The court found that the sentence, though severe, was not so excessive as to merit interference, but the minimum term was considered disproportionate given the appellant's cooperation. The statutory requirement that the minimum term should not be more than two-thirds of the head term was also scrutinised, leading to the conclusion that the minimum term imposed did not fully comply with the statutory framework.

In light of the above considerations, the court allowed the appeal in part, reducing the minimum term from 5 years to 4 years 9 months. The court granted leave to appeal and ordered that the sentence be varied to reflect the adjusted minimum term. This decision underscores the importance of balancing the severity of the offence with the offender's conduct in determining an appropriate sentence.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed in part

Minimum term varied from 5 years to 4 years 9 months

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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