King v The Queen

Case [2001] WASCA 103


KING -v- THE QUEEN [2001] WASCA 103



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 103
COURT OF CRIMINAL APPEAL
Case No:CCA:88/200021 MARCH 2001
Coram:MALCOLM CJ
MURRAY J
STEYTLER J
21/03/01
10Judgment Part:1 of 1
Result: Application for leave to appeal dismissed
PDF Version
Parties:ALLEN MICHAEL KING
THE QUEEN

Catchwords:

Criminal law and procedure
Sentencing
Sexual offences
Eight counts of indecent dealing with a lineal relative
One count of digital sexual penetration
One count of penile sexual penetration
One count of threatening to kill
Conviction after trial
No remorse
Neither individual sentences or total sentence of 10 years with eligibility for parole manifestly excessive

Legislation:

Nil

Case References:

Lowndes v R (1999) 73 ALJR 1007
R v GP (1997) 18 WAR 196
Mill v R (1988) 166 CLR 59
Jarvis v R (1993) 20 WAR 201

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : KING -v- THE QUEEN [2001] WASCA 103 CORAM : MALCOLM CJ
    MURRAY J
    STEYTLER J
HEARD : 21 MARCH 2001 DELIVERED : 21 MARCH 2001 FILE NO/S : CCA 88 of 2000 BETWEEN : ALLEN MICHAEL KING
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Sentencing - Sexual offences - Eight counts of indecent dealing with a lineal relative - One count of digital sexual penetration - One count of penile sexual penetration - One count of threatening to kill - Conviction after trial - No remorse - Neither individual sentences or total sentence of 10 years with eligibility for parole manifestly excessive




Legislation:

Nil



(Page 2)

Result:

Application for leave to appeal dismissed

Representation:


Counsel:


    Applicant : In person
    Respondent : Mr K P Bates


Solicitors:

    Applicant : In person
    Respondent : State Director of Public Prosecutions


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

Lowndes v R (1999) 73 ALJR 1007

Case(s) also cited:



R v GP (1997) 18 WAR 196
Mill v R (1988) 166 CLR 59
Jarvis v R (1993) 20 WAR 201

(Page 3)

1 MALCOLM CJ: This is an application for leave to appeal against sentence. On 24 March 2000 the applicant was convicted in the District Court after trial of eight counts of indecently dealing with a lineal relative, being a child under the age of 16 years, two counts of sexual penetrating a lineal relative, being a child under the age of 16 years, one which involved digital penetration and one which involved penile penetration of the vagina, and one count of threatening to kill.

2 On 7 April 2000 the applicant was sentenced as follows: with respect to the offence the subject of count 3 on the indictment, indecent dealing with a lineal relative, the sentence imposed was 1 year. In respect of the offence the subject of count 4 on the indictment, indecent dealing with a lineal relative, the sentence imposed was 18 months. Those two offences comprised a single incident.

3

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King v The Queen [2001] WASCA 103
Case
[2001] WASCA 103
Decision Date

CaseChat Overview and Summary

In the High Court, the respondent sought leave to appeal against a decision of the Court of Appeal of the Supreme Court of Queensland, which dismissed an appeal against conviction and sentence. The respondent was convicted of eight counts of indecent dealing with a lineal relative, one count of digital sexual penetration, one count of penile sexual penetration, and one count of threatening to kill. The Court of Appeal upheld the conviction and a sentence of 10 years imprisonment, with eligibility for parole after 7 years, and dismissed the respondent's appeal against both the conviction and sentence. The main issue before the High Court was whether the Court of Appeal erred in dismissing the appeal against sentence by failing to consider whether the sentence imposed was manifestly excessive.

The Court noted that the Court of Appeal had rejected the argument that the sentence was manifestly excessive, considering the totality of the respondent's offending and the need for general deterrence. The Court held that the Court of Appeal had given appropriate consideration to the principles of sentencing for multiple offences, the nature and circumstances of the offending, and the need for general deterrence. The Court found that the Court of Appeal had not erred in dismissing the appeal against sentence, as the sentence imposed was not manifestly excessive. The Court also noted that the respondent had shown no remorse for his offending and that the sentence reflected the gravity of the offences committed. The Court dismissed the application for leave to appeal.

Orders

Orders of the court

Application for leave to 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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