"F" (A CHILD) -v- THE QUEEN [2001] WASCA 247

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASCA 247
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:234/2000	Heard:	18 MAY 2001
Coram:	WALLWORK J SCOTT J WHEELER J	Delivered:	21/08/01
No of pages:	13	Judgment Part:	1 of 1
Result:	No error by sentencing JudgeLeave to appeal granted Appeal dismissed
Category:	D
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Parties:	"F" (A CHILD) THE QUEEN
Catchwords:	Criminal law Sentencing Wilful murder Life imprisonment Children's Court 16-year-old Stabbed and killed his former girlfriend aged 16 years Planned attack Multiple stab wounds Assailant apparently calm during and after attack Pleaded guilty to offence Family background chaotic Offender mentally disturbed 12 year minimum term On appeal
Legislation:	Nil
Case References:	"RC" A Child (1995) 83 A Crim R 561 Nevermann (1989) 42 A Crim, R 347 Azzaddin v The Queen (1999) 109 A Crim R 474 "B" v The Queen (1991) 7915 and 7916 of 1991 "C" v The Queen (1991) Children's Court ofWA "C1" v The Queen (1994) SCt of WA "C2" v The Queen (1995) SCt of WA "E" v The Queen (1995) SCt of WA "G" v The Queen (1995) SCt of WA "I" v The Queen (1993) SCt of WA Lowndes v The Queen (1999) 195 CLR 665 "M" v The Queen (1996) Children's Court of WA Monaghan v The Queen (1990) 3 WAR 467 "N" v The Queen (1992) SCt of WA

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : "F" (A CHILD) -v- THE QUEEN [2001] WASCA 247 CORAM : WALLWORK J

SCOTT J

WHEELER J

HEARD : 18 MAY 2001 DELIVERED : 21 AUGUST 2001 FILE NO/S : CCA 234 of 2000 BETWEEN : "F" (A CHILD)

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal law - Sentencing - Wilful murder - Life imprisonment - Children's Court - 16-year-old - Stabbed and killed his former girlfriend aged 16 years - Planned attack - Multiple stab wounds - Assailant apparently calm during and after attack - Pleaded guilty to offence - Family background chaotic - Offender mentally disturbed - 12 year minimum term - On appeal

Legislation:

Nil

(Page 2)

Result:

No error by sentencing Judge

Leave to appeal granted
Appeal dismissed

Category: D

Representation:

Counsel:

Applicant : In person

Respondent : Mr R E Cock QC

Solicitors:

Applicant : In person

Respondent : State Director of Public Prosecutions

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

Nevermann (1989) 42 A Crim R 347
"RC" A Child (1995) 83 A Crim R 561

Case(s) also cited:

Azzaddin v The Queen (1999) 109 A Crim R 474
"B" v The Queen (1991) 7915 and 7916 of 1991
"C" v The Queen (1991) Children's Court ofWA
"C1" v The Queen (1994) SCt of WA
"C2" v The Queen (1995) SCt of WA
"E" v The Queen (1995) SCt of WA
"G" v The Queen (1995) SCt of WA
"I" v The Queen (1993) SCt of WA
Lowndes v…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading "F" (A Child) v The Queen

Details

AGLC: "F" (A Child) v The Queen [2001] WASCA 247
Case: [2001] WASCA 247
Decision Date: 21 AUGUST 2001

CaseChat Overview and Summary

The matter under consideration is an appeal against the sentencing of a 16-year-old who was found guilty of murdering his former girlfriend, also aged 16, by stabbing her multiple times. The case was heard in the Children's Court of Victoria and subsequently appealed to the Court of Appeal. The appellant, referred to as "F" for the purposes of this summary, pleaded guilty to the offence of murder and was sentenced to life imprisonment with a non-parole period of 12 years.

The legal issues before the court were whether the sentence imposed by the Children's Court was appropriate, given the circumstances of the offence and the age of the offender, and whether the Court of Appeal should grant leave to appeal and, if so, whether the appeal should succeed. The court was required to consider the principles of sentencing for serious offences committed by young people, including the need for deterrence, protection of society, and the potential for rehabilitation.

The court found that the Children's Court had correctly applied the relevant sentencing principles and that the sentence imposed was appropriate in the circumstances. The court noted that the offence was premeditated and carried out with a high degree of violence, and that the appellant had shown no remorse. The court also considered the appellant's family background and mental health issues but found that these did not mitigate the seriousness of the offence. The Court of Appeal granted leave to appeal but dismissed the appeal, finding no error in the sentencing. The appeal was dismissed, and the original sentence was upheld.

The final orders of the court were that no error was found in the sentencing by the Children's Court, leave to appeal was granted, but the appeal was dismissed. The original sentence of life imprisonment with a non-parole period of 12 years was upheld.

Orders

Orders of the court

No error by sentencing

JudgeLeave to appeal granted

Appeal 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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