JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : COURT OF CRIMINAL APPEAL
CITATION: GARRETT -v- R [1999] WASCA 169
CORAM: IPP J
WALLWORK J
MURRAY J
HEARD: 13 JULY 1999
DELIVERED : 10 SEPTEMBER 1999
FILE NO/S: CCA 82 of 1998
CCA 83 of 1998
BETWEEN: ROBERT GARRETT
Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Insanity - Directions to jury when sanity in issue - No error in failing to direct jury in respect of the applicant's delusional beliefs and the issue of self defence.
Criminal law and procedure - Sentencing - Wilful murder - Sentence of life imprisonment with a minimum term of 18 years not an erroneous exercise of discretion.
Legislation:
Criminal Code s 27, s 248 and s 653
Result:
Appeal against conviction dismissed.
Leave to appeal against sentence refused.
Representation:
Counsel:
Applicant: Ms A G Braddock
Respondent: Mr J Mactaggart
Solicitors:
Applicant: Bayly & O'Brien
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Burns v The Queen [1999] HCA
Falconer v R (1990) 171 CLR 30
Hawkinsv R (1994) 179 CLR 500
Hubert v R (1993) 67 A Crim R 181
Jackson v R [1990] WAR 105
Mraz v The Queen (1955) 93 CLR 493
Nolan v R, unreported; CCA SCt of WA; Library No 970260; 22 May 1997
O'Halloran v O'Byrne [1974] WAR 45
Perkins v R (1983) WAR 184
R v Jackway, Ex p Attorney‑General (1997) 2 Qd R 277
R v Walsh (1992) 60 A Crim R 419
Van Den Hoek v R (1986) 161 CLR 158
Veen v R (No 2) (1998) 164 CLR 465
Case(s) also cited:
Australian Coal v Commonwealth (1953) 94 CLR 621
House v The King (1936) 55 CLR 499
Jackson v R (1989) 39 A Crim R 383
Pemble (1971) 124 CLR 107
Porter (1933) 55 CLR 192
Randle (1995) 81 A Crim R 113
Weng Keong Chan (1989) 38 A Crim R 337
Zoran Vasich v R, unreported; CCA SCt of WA; Library No 980038; 6 February 1998
IPP J: The applicant was convicted of wilful murder. The fundamental issue at the trial, as it was put by the learned Judge to the jury, was "whether, because of [the applicant's] state of mental impairment, he was deprived either of the capacity to understand what he was doing or of the capacity to control his actions or of the capacity to know that he ought not do the acts".
The trial Judge did not give the jury clear directions as to the order in which they should determine the various issues that arose. This omission forms the basis for the first three grounds of appeal. Essentially, it was argued on the applicant's behalf that the jury should have been directed as follows:
(a)They should determine, firstly, whether the prosecution had proved beyond reasonable doubt "that each element of wilful murder" had been made out.
(b)Should they conclude that…
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- AGLC
- Garrett v The Queen [1999] WASCA 169
- Case
- [1999] WASCA 169
- Decision Date
CaseChat Overview and Summary
The primary legal issues centred on whether the trial judge's omission to address the jury about the appellant's delusional beliefs and the implications for self-defence constituted a material error. The court also had to determine if the severity of the imposed sentence was an erroneous exercise of judicial discretion. The appellant argued that the lack of direction on his mental state and self-defence could have misled the jury, potentially affecting the fairness and accuracy of the verdict. Furthermore, the appellant contested the appropriateness of the life sentence with a fixed minimum term, claiming it was excessively harsh.
The court found no merit in the appellant's claims regarding the jury directions. It held that the trial judge's omission did not constitute a material error, as the evidence presented did not warrant such a direction. The court reasoned that the jury was adequately informed about the appellant's mental state through other means, and the absence of a specific direction on self-defence did not prejudice the appellant's case. Regarding the sentencing, the court concluded that the imposed sentence was not an erroneous exercise of discretion. The severity of the crime and the need for public protection justified the length of the sentence. Consequently, the appeal was dismissed, and the original verdict and sentence were upheld.
Orders
Orders of the court
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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
Established by: WALLWORK J
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