Chester v The Queen

The applicant, Chester, sought special leave to appeal to the High Court of Australia against a sentence imposed upon him. He was represented by Mr H.A. Wallwork, QC, and Mr P.G. Laskaris, while the respondent, The Queen, was represented by the Solicitor-General for Western Australia, Mr K.H. Parker, QC, and Mr M.D. Wheeler. The application for special leave was accompanied by an application for an extension of time, which was sought due to delays in obtaining legal aid.

The central legal issue before the High Court was the applicant's sentence, which comprised a term of imprisonment followed by an indeterminate sentence of detention during the Governor's pleasure, pursuant to section 662(a) of the Criminal Code. The applicant had pleaded guilty to unlawfully using a motor vehicle and to robbery with violence. The sentencing judge structured the sentence by imposing six months' imprisonment for the unlawful use offence and four years' imprisonment for the robbery offence, taking into account the six months already served. Crucially, the judge then ordered detention during the Governor's pleasure.

The applicant's submissions focused on the imposition of the indeterminate sentence. The facts presented indicated that the applicant, aged 39, had stolen a car and then robbed a bank of $19,000 while armed with a knife. Approximately $11,325 of the stolen money was recovered. The applicant had admitted the offences and co-operated with the police. The sentencing judge noted that the dominant motive for the robbery appeared to be to assist a close friend who was on remand for a similar charge. The applicant's legal team argued that the indeterminate sentence was not appropriate in the circumstances.