"X" -v- THE QUEEN [2000] WASCA 355
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 355 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:83/2000 | 4 SEPTEMBER 2000 | |
| Coram: | PIDGEON J WALLWORK J PARKER J | 22/11/00 | |
| 13 | Judgment 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
- 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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- AGLC
- "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.
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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