King v The Queen

Case [1999] WASCA 9


KING -v- R [1999] WASCA 9



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 9
COURT OF CRIMINAL APPEAL
Case No:CCA:114/19982 DECEMBER 1998
Coram:MALCOLM CJ
KENNEDY J
MURRAY J
7/05/99
33Judgment Part:1 of 1
Result: Appeal against conviction dismissed
Appeal against sentence allowed
PDF Version
Parties:JEFFREY WAYNE KING
THE QUEEN

Catchwords:

Criminal law and procedure
Evidence
Identification
Warning on danger of convicting on disputed evidence
Necessary elements of warning
Adequacy of warning.
Criminal law and procedure
Sentencing
Unlawfully doing grievous bodily harm with intent
Severe damage to victim's skull resulting in loss of an eye
Planned assault
Sentence increased from four and a half years' to 6 years' imprisonment.

Case References:

Alexander v the Queen (1981) 145 CLR 395.
Alexander v The Queen (1981) 145 CLR 395.
Bockfuss v The Queen, unreported; CCA SCt of WA; Library No 950063; 22 February 1995.
Davies and Cody v The King (1937) 57 CLR 170.
Domican v The Queen (1992) 173 CLR 555.
Domican v The Queen (1992) 173 CLR 555.
Grbic v Pitkethly (1992) 65 A Crim R 12.
Jones v Dunkel (1959) 101 CLR 298.
M v The Queen (1994) 181 CLR 487.
R v Apostilides (1984) 154 CLR 563.
R v Burchielli [1981] VR 611.
R v Grein [1989] WAR 178.
R v Grein [1989] WAR 178.
R v Haidley [1984] VR 229.
R v Pitkin (1995) 80 Cr App R 302.
R v Weeder (1982) 71 Cr App R 228.
Richardson v The Queen (1974) 131 CLR 116.
Whitehorn v The Queen (1983) 152 CLR 657.

Jones v The Queen, unreported; CCA SCt of WA; Library No 920406; 31 July 1992
Jones v The Queen (1997) 191 CLR 439
Kelleher v The Queen (1974) 131 CLR 534
Mavaddat v The Queen, unreported; CCA SCt of WA; Library No 920036; 17 February 1992
McLaughlan v The Queen, unreported; CCA SCt of WA; Library No 950252; 26 May 1995
R v Chikonga, unreported; CCA SCt of WA; Library No 950089; 10 March 1995
R v Leucas (1995) 78 A Crim R 40
R v McCarthy (1993) 71 A Crim R 395
R v Penny (1997) 91 A Crim R 288
Thompson v The Queen (1992) 8 WAR 387
Woodthorpe v The Queen (1994) 14 WAR 215


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : KING -v- R [1999] WASCA 9 CORAM : MALCOLM CJ
    KENNEDY J
    MURRAY J
HEARD : 2 DECEMBER 1998 DELIVERED : 7 MAY 1999 FILE NO/S : CCA 114 of 1998 BETWEEN : JEFFREY WAYNE KING
    Applicant

    AND

    THE QUEEN
    Respondent
FILE NO/S : CCA 123 of 1998 BETWEEN : THE QUEEN
    Appellant

    AND

    JEFFREY WAYNE KING
    Respondent


(Page 2)

Catchwords:

Criminal law and procedure - Evidence - Identification - Warning on danger of convicting on disputed evidence - Necessary elements of warning -…

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AGLC
King v The Queen [1999] WASCA 9
Case
[1999] WASCA 9
Decision Date

CaseChat Overview and Summary

In the case of King v The Queen, the appellant was convicted of unlawfully doing grievous bodily harm with intent. The victim suffered severe damage to his skull, resulting in the loss of an eye, following a planned assault. The High Court of Australia heard the appeal against the conviction and sentence. The appellant argued that the trial judge had failed to adequately warn the jury of the dangers of convicting on disputed identification evidence, and that the sentence was excessive.

The court examined whether the trial judge's warning to the jury was sufficient in addressing the risks associated with convicting on disputed identification evidence. The court considered the necessary elements of such a warning and whether the warning provided was adequate. The court also examined whether the sentence imposed was manifestly excessive, taking into account the severity of the injury inflicted on the victim and the appellant's intention to cause harm.

The court found that the trial judge's warning to the jury was sufficient in addressing the risks associated with convicting on disputed identification evidence. The court held that the warning provided was adequate and appropriately directed the jury's attention to the need for caution in convicting on such evidence. However, the court found that the sentence imposed was manifestly excessive. The court held that while the severity of the injury inflicted on the victim was a significant factor, the sentence should also take into account the appellant's remorse and the possibility of rehabilitation.

The court allowed the appeal against the sentence, reducing the sentence from four and a half years' to six years' imprisonment. The appeal against the conviction was dismissed. The court held that the evidence was sufficient to support the conviction and that the trial judge's warning to the jury was adequate.

Orders

Orders of the court

Appeal against conviction dismissed

Appeal against sentence allowed

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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