B v The Queen

Case [2002] WASCA 236


"B" -v- THE QUEEN [2002] WASCA 236



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 236
COURT OF CRIMINAL APPEAL
Case No:CCA:163/200126 JULY 2002
Coram:MURRAY J
TEMPLEMAN J
MILLER J
28/08/02
15Judgment Part:1 of 1
Result: Applications for extension of time dismissed
B
PDF Version
Parties:"B"
THE QUEEN

Catchwords:

Criminal law
Sentencing
Offences of having a sexual relationship with a child under the age of 16 years
Father of children
Four children aged between 3 and 6 years
Whether maximum of 20 years' imprisonment appropriate by way of starting point
Whether 15 years' imprisonment on each count excessive
Total sentence of 20 years not excessive

Legislation:

Nil

Case References:

Bensegger v R [1979] WAR 65
Cameron v The Queen [2002] WASCA 81
Dempsey v The Queen, unreported; CCA SCt of WA; Library No 960059; 9 February 1996
Gavin v The Queen (1992) 6 WAR 195
Jarvis v The Queen (1993) 20 WAR 201
Mill v The Queen (1988) 166 CLR 59
Veen v The Queen (No 2) (1988) 164 CLR 465
Woods v The Queen (1994) 14 WAR 341

De Luce v The Queen, unreported; CCA SCt of WA; Library No 960735; 19 July 1996
King v The Queen [2001] WASCA 103
Lowe v The Queen (1984) 154 CLR 606
Miller v The Queen [1999] WASCA 66
R v CW [2000] WASCA 81
R v GP (1997) 93 A Crim R 351
R v Podirsky (1989) 43 A Crim R 404
R v Richards [1999] WASCA 105
R v Western [2001] WASCA 194
Trescuri v The Queen [1999] WASCA 172
Watson v The Queen [2000] WASCA 119
Wicks v The Queen (1989) 3 WAR 372

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : "B" -v- THE QUEEN [2002] WASCA 236 CORAM : MURRAY J
    TEMPLEMAN J
    MILLER J
HEARD : 26 JULY 2002 DELIVERED : 28 AUGUST 2002 FILE NO/S : CCA 163 of 2001
    CCA 164 of 2001
BETWEEN : "B"
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentencing - Offences of having a sexual relationship with a child under the age of 16 years - Father of children - Four children aged between 3 and 6 years - Whether maximum of 20 years' imprisonment appropriate by way of starting point - Whether 15 years' imprisonment on each count excessive - Total sentence of 20 years not excessive




Legislation:

Nil



(Page 2)

Result:

Applications for extension of time dismissed




Category: B


Representation:


Counsel:


    Applicant : In person
    Respondent : Mr D Dempster


Solicitors:

    Applicant : Unrepresented Criminal Appellants Scheme
    Respondent : State Director of Public Prosecutions



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

Bensegger v R [1979] WAR 65
Cameron v The Queen [2002] WASCA 81
Dempsey v The Queen, unreported; CCA SCt of WA; Library No 960059; 9 February 1996
Gavin v The Queen (1992) 6 WAR 195
Jarvis v The Queen (1993) 20…

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AGLC
B v The Queen [2002] WASCA 236
Case
[2002] WASCA 236
Decision Date

CaseChat Overview and Summary

The case of B v The Queen involved the appellant, the father of four children aged between 3 and 6 years, who was convicted of offences involving sexual relationships with his children. The appellant appealed against the severity of his sentence, arguing that the maximum penalty of 20 years' imprisonment was inappropriate as a starting point and that the sentence of 15 years' imprisonment on each count was excessive. The total sentence imposed was 20 years' imprisonment.

The legal issues before the court were whether the maximum penalty of 20 years' imprisonment was suitable as a starting point for the offences and whether the sentence of 15 years' imprisonment on each count was excessive. The court also needed to consider whether the total sentence of 20 years was appropriate given the nature of the offences and the appellant's relationship to the victims.

The court reviewed the principles of sentencing, particularly the need to consider the gravity of the offences, the appellant's relationship to the victims, and the impact on the children. The court found that the maximum penalty of 20 years' imprisonment was appropriate as a starting point given the severity of the offences. However, the court noted that while the sentence of 15 years' imprisonment on each count was high, it was not excessive when considering the total impact of the offences and the need for deterrence and denunciation. The court concluded that the total sentence of 20 years was not excessive and reflected the seriousness of the crimes committed.

Orders

Orders of the court

Applications for extension of time dismissed

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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