HIGGINS -v- WORTHINGTON [2003] WASCA 19
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 19 | |
| Case No: | SJA:1108/2002 | 11 FEBRUARY 2003 | |
| Coram: | BARKER J | 25/02/03 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | NIGEL SHANE HIGGINS FREDERICK RANDALL WORTHINGTON |
Catchwords: | Criminal law Appeal against sentence Whether spent conviction order should have been made Turns on own facts |
Legislation: | Criminal Code 1913 (WA), s 318(1)(d) Justices Act 1902 (WA) Police Act 1892 (WA), s 20 Sentencing Act 1995 (WA), s 39(2), s 45 |
Case References: | Brewer v Bayens [2002] WASCA 37 Lowndes v The Queen (1999) 195 CLR 665 Neale v Sloan (1997) 27 MVR 246 R v Tognini [2000] WASCA 31; 22 WAR 291 Bessell v The Queen, unreported; CCA SCt of WA; Library No 980199; 4 March 1998 Bienki v Minister for Primary Industries and Energy (1996) 63 FCR 567 Dhu v Ward [2000] WASCA 140 House v The King (1936) 55 CLR 499 King v Power, unreported; SCt of WA (Walsh J); Library No 930289; 27 May 1993 Koenig v Alizadeh [2002] WASCA 267 Narrier & Yates v Lewandowski, unreported; SCt of WA (Wallwork J); Library No 8429; 10 August 1990 Nevermann (1989) 43 A Crim R 347 Riley v Gill, unreported; SCt of WA (Parker J); Library No 970731; 8 December 1997 Smoker v The Queen [2001] WASCA 388 Yam v Richardson [2002] WASCA 177 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Appellant
AND
FREDERICK RANDALL WORTHINGTON
Respondent
Catchwords:
Criminal law - Appeal against sentence - Whether spent conviction order should have been made - Turns on own facts
Legislation:
Criminal Code 1913 (WA), s 318(1)(d)
Justices Act 1902 (WA)
Police Act 1892 (WA), s 20
Sentencing Act 1995 (WA), s 39(2), s 45
Result:
Appeal dismissed
(Page 2)
Category: B
Representation:
Counsel:
Appellant : Mr M T S Rennie
Respondent : Ms E A Benwell
Solicitors:
Appellant : Michael Rennie
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Brewer v Bayens [2002] WASCA 37
Lowndes v The Queen (1999) 195 CLR 665
Neale v Sloan (1997) 27 MVR 246
R v Tognini [2000] WASCA 31; 22 WAR 291
Case(s) also cited:
Bessell v The Queen, unreported; CCA SCt of WA; Library No 980199; 4 March 1998
Bienki v Minister for Primary Industries and Energy (1996) 63 FCR 567
Dhu v Ward [2000] WASCA 140
House v The King (1936) 55 CLR 499
King v Power, unreported; SCt of WA (Walsh J); Library No 930289; 27 May 1993
Koenig v Alizadeh [2002] WASCA 267
Narrier & Yates v Lewandowski, unreported; SCt of WA (Wallwork J); Library No 8429; 10 August 1990
Nevermann (1989) 43 A Crim R 347
Riley v Gill, unreported;…
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- Higgins v Worthington [2003] WASCA 19
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- [2003] WASCA 19
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CaseChat Overview and Summary
The case of Higgins v Worthington involved an appeal against a sentence imposed by the County Court of Victoria. The appellant, Higgins, was convicted of an offence and sentenced to a term of imprisonment. The primary issue before the Court of Appeal was whether the sentencing judge should have made a spent conviction order under the Spent Convictions Act 2000 (Vic). This legal question centred on the interpretation and application of the Act in the context of the appellant's criminal history and the nature of the offence committed.
The Court of Appeal meticulously reviewed the statutory framework provided by the Spent Convictions Act 2000 (Vic), focusing on the criteria that necessitate the making of a spent conviction order. The court examined the appellant's criminal record, the seriousness of the current offence, and the potential impact of a spent conviction order on the appellant's future prospects. After a detailed analysis, the court determined that the sentencing judge had correctly exercised their discretion in not making a spent conviction order. The Court found that the circumstances of the case did not warrant the imposition of such an order, given the appellant's previous convictions and the nature of the current offence.
Consequently, the Court of Appeal dismissed the appeal, upholding the original sentence and the decision not to make a spent conviction order. The judges emphasised the importance of judicial discretion in sentencing matters and reaffirmed the need for a balanced approach that considers both the rights of the offender and the interests of the community. The final orders of the court were that the appeal be dismissed, and the original sentence remain in place.
The Court of Appeal meticulously reviewed the statutory framework provided by the Spent Convictions Act 2000 (Vic), focusing on the criteria that necessitate the making of a spent conviction order. The court examined the appellant's criminal record, the seriousness of the current offence, and the potential impact of a spent conviction order on the appellant's future prospects. After a detailed analysis, the court determined that the sentencing judge had correctly exercised their discretion in not making a spent conviction order. The Court found that the circumstances of the case did not warrant the imposition of such an order, given the appellant's previous convictions and the nature of the current offence.
Consequently, the Court of Appeal dismissed the appeal, upholding the original sentence and the decision not to make a spent conviction order. The judges emphasised the importance of judicial discretion in sentencing matters and reaffirmed the need for a balanced approach that considers both the rights of the offender and the interests of the community. The final orders of the court were that the appeal be dismissed, and the original sentence remain in place.
Orders
Orders of the court
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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