Bekink v The Queen

Case [1999] WASCA 160


BEKINK -v- R [1999] WASCA 160



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 160
COURT OF CRIMINAL APPEAL
Case No:CCA:95/199912 AUGUST 1999
Coram:IPP J
ANDERSON J
HEENAN J
2/09/99
13Judgment Part:1 of 1
Result: Application for leave to appeal refused
PDF Version
Parties:WILLEM JOHANNES BEKINK
THE QUEEN

Catchwords:

Criminal law and procedure
Sentencing
Offender subject to "restricted management regime" in prison
Shortage of beds within prison system
Involvement in regime purely fortuitous
Circumstance not known to sentencing Judge
Intervention by appellate court not appropriate

Legislation:

Nil

Case References:

Anderson v The Queen (1997) 92 A Crim R 348
Astill (No 2) (1992) 64 A Crim R 289
Bailey v Director of Public Prosecutions (1988) 35 A Crim R 458
Bailey v Director of Public Prosecutions (1988) 62 ALJR 319
Eliasen v The Queen (1991) 53 A Crim R 391
Juli (1990) 50 A Crim R 31
Krakouer v The Queen [1999] WASCA 147
O'Brien v Ritchie, unreported; SCt of WA; Library No 990123; 17 March 1999
Postiglione v The Queen (1997) 189 CLR 295
R v Boon, unreported; CCA of NSW; 17 November 1983
R v Eliasen (1991) 53 A Crim R 391
R v Perez-Vargas (1986) 8 NSWLR 559
R v Rostom [1996] 2 VR 97
R v Smith (1987) 44 SASR 587
R v Todd (1976) Qd R 21
R v Vachalec (1981) 1 NSWLR 351
R v Williams, unreported; CCA SCt of Vic; Library No BC9503957; 18 September 1995

Davies and Gorman v The Queen (1979) 68 Cr App Rep 319
Many v The Queen (1990) 51 A Crim R 54

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : BEKINK -v- R [1999] WASCA 160 CORAM : IPP J
    ANDERSON J
    HEENAN J
HEARD : 12 AUGUST 1999 DELIVERED : 2 SEPTEMBER 1999 FILE NO/S : CCA 95 of 1999 BETWEEN : WILLEM JOHANNES BEKINK
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Sentencing - Offender subject to "restricted management regime" in prison - Shortage of beds within prison system - Involvement in regime purely fortuitous - Circumstance not known to sentencing Judge - Intervention by appellate court not appropriate




Legislation:

Nil




Result:


    Application for leave to appeal refused

(Page 2)

Representation:


Counsel:


    Applicant : Mr L M Levy
    Respondent : Mr R E Cock QC & Ms V A Prentice


Solicitors:

    Applicant : Pryles & Defteros
    Respondent : State Director of Public Prosecutions


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

Anderson v The Queen (1997) 92 A Crim R 348
Astill (No 2) (1992) 64 A Crim R 289
Bailey v Director of Public Prosecutions (1988) 35 A Crim R 458
Bailey v Director of Public Prosecutions (1988) 62 ALJR 319
Eliasen v The Queen (1991) 53 A Crim R 391
Juli (1990) 50 A Crim R 31
Krakouer v The Queen [1999] WASCA 147
O'Brien v Ritchie, unreported; SCt of…

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AGLC
Bekink v The Queen [1999] WASCA 160
Case
[1999] WASCA 160
Decision Date

CaseChat Overview and Summary

In the matter of Bekink versus The Queen, the High Court of Australia considered the appeal of the defendant against his sentencing. Bekink had been sentenced for a criminal offence and was placed under a restricted management regime in prison due to the shortage of available beds. This placement was purely coincidental, and Bekink's involvement in the regime was not known to the sentencing judge at the time of the original sentence. The central issue before the Court was whether the appellate court should intervene in the sentence given these circumstances.

The Court examined the role of the appellate court in criminal sentencing and determined that the intervention in this case was not warranted. The Court held that the sentencing judge had not been aware of the specific circumstances regarding the restricted management regime, and thus, the placement of Bekink in this regime was not a factor considered during sentencing. Given that the placement was fortuitous and not known to the sentencing judge, the Court concluded that the appellate court should not intervene to alter the sentence. The Court emphasised the importance of maintaining the independence of sentencing decisions and the limited role of appellate courts in reviewing such decisions.

As a result of the Court's reasoning, the application for leave to appeal was refused. The original sentence imposed on Bekink was upheld, and no changes were made to his sentence. The Court's decision underscored the principle that appellate intervention in sentencing should be reserved for cases where there has been a clear error in the application of legal principles or a significant procedural irregularity.

Orders

Orders of the court

Application for leave to appeal refused

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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