BISHOP -v- THE QUEEN [2003] WASCA 79
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 79 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:128/2002 | 6 MARCH 2003 | |
| Coram: | MALCOLM CJ MURRAY J PARKER J | 11/04/03 | |
| 24 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Each of 44 sentences reduced from 10 years to 8 years imprisonment Effective term to be served 16 years | ||
| A | |||
| PDF Version |
| Parties: | KENNETH WILLIAM BISHOP THE QUEEN |
Catchwords: | Criminal law Appeal against sentence Multiple offences of sexual penetration of a child under 16 years Offences against two daughters of de facto wife Whether offences of the worst type Whether sentences of 12 14 years appropriate for this type of offence Whether consideration of uncharged acts in sentencing Mitigation Totality principle |
Legislation: | Nil |
Case References: | Armstrong v The Queen, unreported; CCA SCt of WA; Library No 930401; 29 July 1993 Atholwood v The Queen (1999) 109 A Crim R 465 Austin v The Queen (1996) 87 A Crim R 570 B v The Queen [2002] WASCA 236 Boudville v The Queen [2001] WASCA 133 Braham (1994) 116 FLR 38 Cameron v The Queen (2002) 187 ALR 65 Chinnery v The Queen [2000] WASCA 295 Dauphin v The Queen [2002] WASCA 104 De Luce v The Queen, unreported; CCA SCt of WA; Library No 960375; 19 July 1996 Dempsey v The Queen, unreported CCA SCt of WA; Library No 960059; 9 February 1996 Jarvis v The Queen (1993) 20 WAR 201 Mill v The Queen (1988) 166 CLR 59 Morley v The Queen [2001] WASCA 49 Podirsky v The Queen (1990) 3 WAR 128 Postiglione v The Queen (1997) 189 CLR 295 R v Herbert [2003] WASCA 27 R v Hough [2002] WASCA 42 R v Rossi, unreported, CCA SCt of SA; 20 April 1988 R v Valentine [2003] WASCA 7 Schloss v The Queen (1999) 100 A Crim R 80 Shepherdson v The Queen, unreported; CCA SCt of WA; Library No 920179; 27 March 1992 Siganto v R (1998) 194 CLR 656 Smith v The Queen, unreported; CCA SCt of WA; Library No 940285; 2 May 1994 The Queen v Ginder (1987) 23 A Crim R 1 Trescuri v The Queen [1999] WASCA 172 Woods v The Queen (1994) 14 WAR 341 Riciardello v The Queen [2001] WASCA 416 Thompson v The Queen [2000] WASCA 47 Van Den Ende v The Queen, unreported; CCA SCt of WA; Library No 950174; 13 April 1995 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : BISHOP -v- THE QUEEN [2003] WASCA 79 CORAM : MALCOLM CJ
- MURRAY J
PARKER J
- Appellant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law - Appeal against sentence - Multiple offences of sexual penetration of a child under 16 years - Offences against two daughters of de…
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- AGLC
- Bishop v The Queen [2003] WASCA 79
- Case
- [2003] WASCA 79
- Decision Date
CaseChat Overview and Summary
The appellant, Bishop, appealed against his sentence for multiple offences of sexual penetration of a child under 16 years. The offences were committed against the two daughters of the appellant’s de facto wife. The court was required to determine whether the offences were of the worst type and if the sentences of 12 to 14 years were appropriate for this type of offence. The court was also required to consider whether it was appropriate to take into account uncharged acts in sentencing, as well as the mitigation and totality principle.
The court found that the offences were of the worst type due to the gravity of the sexual offences and the vulnerability of the victims. However, the court found that the sentences of 12 to 14 years were excessive and not appropriate for this type of offence. The court took into account the uncharged acts in sentencing, but found that they were not significant enough to warrant an increase in sentence. The court also considered the mitigation and totality principle, and found that the appellant’s remorse and good character were mitigating factors.
The appeal was allowed and the sentences were reduced from 10 years to 8 years imprisonment. The effective term to be served was 16 years. The court found that the reduced sentences were appropriate for the offences committed and took into account the totality principle. The court also considered the appellant’s remorse and good character as mitigating factors. The appellant’s appeal was successful in reducing his sentences.
The court found that the offences were of the worst type due to the gravity of the sexual offences and the vulnerability of the victims. However, the court found that the sentences of 12 to 14 years were excessive and not appropriate for this type of offence. The court took into account the uncharged acts in sentencing, but found that they were not significant enough to warrant an increase in sentence. The court also considered the mitigation and totality principle, and found that the appellant’s remorse and good character were mitigating factors.
The appeal was allowed and the sentences were reduced from 10 years to 8 years imprisonment. The effective term to be served was 16 years. The court found that the reduced sentences were appropriate for the offences committed and took into account the totality principle. The court also considered the appellant’s remorse and good character as mitigating factors. The appellant’s appeal was successful in reducing his sentences.
Orders
Orders of the court
Appeal allowed
Each of 44 sentences reduced from 10 years to 8 years imprisonment
Effective term to be served 16 years
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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