JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: ADAMS -v- THE QUEEN [2003] WASCA 91
CORAM: SCOTT J
TEMPLEMAN J
HASLUCK J
HEARD: 16 APRIL 2003
DELIVERED : 2 MAY 2003
FILE NO/S: CCA 99 of 2002
BETWEEN: JOANNE FAYE ADAMS
Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law - Sentence - Convictions for two discrete offences of extortion - Sentence of 3 years' imprisonment in respect of each offence to be served cumulatively - Offender pregnant and with two young children - Deprivation of a child's parental care held to be a factor justifying reduction of the sentence - Sentence reduced to sentence of imprisonment of 2 years 3 months for each offence to be served cumulatively
Legislation:
Criminal Code (WA), s 397(1)
Sentencing Act 1995 (WA), s 6, s 39, s 76(1), s 89(5)
Result:
Leave to appeal granted
Appeal against sentence allowed
Category: B
Representation:
Counsel:
Applicant: Mr J R Noble
Respondent: Mr D Dempster
Solicitors:
Applicant: Maughan & Leach
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Bessell v The Queen, unreported; CCA SCt of WA; Library No 980199; 4 March 1998
Cooper v The Queen [2001] WASCA 379
Dinsdale v The Queen (2000) 202 CLR 321
Dodd v Hoogewerf [2002] WASCA 15
Etrelezis v The Queen [2001] WASCA 327
Latham v The Queen (2000) 117 A Crim R 74
Lowndes v The Queen (1999) 195 CLR 665
Mill v The Queen (1988) 166 CLR 59
Nguyen v The Queen (2001) 160 FLR 284
Postiglione v The Queen (1997) 189 CLR 295
R v Holder and Johnston [1983] 3 NSWLR 245
R v Liddington (1997) 18 WAR 394
R v Tait (1979) 46 FLR 386
R v Wilhelm (1988) 39 A Crim R 469
Roffey v The Queen, unreported; CCA SCt of WA; Library No 940601; 2 November 1994
Case(s) also cited:
Chan v The Queen (1989) 38 A Crim R 337
Jarvis v The Queen (1993) 20 WAR 201
R v Grein [1989] WAR 178
R v Jeffree, CCA SCt of WA; Library No 980150; 13 February 1998
R v Ruane (1979) 1 A Crim R 284
R v Shaw (1989) 39 A Crim R 343
SCOTT J: I have had the opportunity of reading in draft the reasons to be published by Hasluck J.
I agree with those reasons and with the proposed disposition of the matter.
In my view, it is only the fact that the applicant will be separated from her child when that child turns one year of age that justifies a more lenient sentence than that imposed by the learned sentencing Judge. But for that factor, in my opinion, the sentence imposed by his Honour was entirely appropriate.
If, as the applicant says, she wishes to remain with her child and take custody of her other children, then it will be for her to demonstrate to the Parole Board that she should…
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- AGLC
- Adams v The Queen [2003] WASCA 91
- Case
- [2003] WASCA 91
- Decision Date
CaseChat Overview and Summary
In addressing the appeal, the court carefully considered the appellant's personal circumstances and the impact of the proposed sentence on her children. The court recognised that while the crimes of extortion were serious, the appellant's role as a pregnant mother of two young children was a significant mitigating factor. The court determined that the potential deprivation of the children's parental care was a compelling reason to reduce the severity of the sentence. The High Court found that the original sentence did not adequately balance the appellant's culpability with the potential harm to her children, leading to a decision to reduce the sentence.
The High Court subsequently reduced the sentence to a cumulative term of two years and three months for each offence. The court's decision was based on the principle that the interests of justice required a sentence that took into account the appellant's unique personal circumstances. The reduction ensured that the appellant would still serve a significant period of imprisonment for her crimes but would be able to maintain a degree of parental involvement with her children. This outcome reflects the court's commitment to ensuring that sentences are proportionate and take into account the broader social consequences of imprisonment.
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
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Ratio Decidendi
Legal Principle Established
Established by: TEMPLEMAN J
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