Cornford, L.E. & Anor v. The Queen [1987] FCA 299

Cornford, L.E. & Anor v. The Queen [1987] FCA 299

Cornford's sentence was excessive given her subordinate role, voluntary police disclosure, contrition, and the brief period of offending; her appeal was allowed and immediate release ordered subject to recognizance. Zakharoff's sentence fell within a sound sentencing discretion, in light of her greater involvement and lesser mitigation; her appeal was dismissed.

Parties
Appellant: Lee Eris Cornford; Appellant: Debra Ann Zakharoff; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
05 June 1987
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Cornford's appeal allowed and sentence varied; Zakharoff's appeal dismissed.
Legal Topics
Sentencing, Drug Offences, Appeal Severity, Cumulative and Concurrent Sentences, Mitigating Factors
Criminal Law Sentencing Drug Offences Appeal Severity Cumulative and Concurrent Sentences Mitigating Factors

Case Brief

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Parties

Lee Eris Cornford

Appellant

Debra Ann Zakharoff

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentences imposed for supplying heroin were manifestly excessive
  2. 2 Appropriateness of cumulative versus concurrent sentences for drug offences
  3. 3 Relevance of mitigating factors such as cooperation with police and rehabilitation prospects

Ratio Decidendi

Cornford's sentence was excessive given her subordinate role, voluntary police disclosure, contrition, and the brief period of offending; her appeal was allowed and immediate release ordered subject to recognizance. Zakharoff's sentence fell within a sound sentencing discretion, in light of her greater involvement and lesser mitigation; her appeal was dismissed.

Court Disposition

Cornford's appeal allowed and sentence varied; Zakharoff's appeal dismissed.

Orders

  • Cornford's sentences set aside and replaced with 18 months imprisonment on the fifth count and 6 months on each of the sixth, seventh and eighth counts, served concurrently but cumulatively upon the fifth count.
  • Cornford to be released after serving part of sentence, namely on 13 June 1987, upon entering into recognizance self in the sum of $500 with one surety in $500, to be of good behaviour for 3 years, subject to probation supervision, reasonable directions, and counselling for drug use.