JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: KING -v- WA POLICE [2024] WASC 72
CORAM: SOLOMON J
HEARD: 1 MARCH 2024
DELIVERED : 1 MARCH 2024
FILE NO/S: SJA 1061 of 2023
BETWEEN: BOSTON KING
Appellant
AND
WA POLICE
Respondent
ON APPEAL FROM:
For File No: SJA 1061 of 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE G BENN
File Number : MI 642/2023
MI 643/2023
Catchwords:
Animal cruelty - Reckless driving - Appeal against sentence - Manifestly excessive sentence - Suspension of term of imprisonment - Turns on own facts
Legislation:
Animal Welfare Act 2002 (WA)
Criminal Appeals Act 2004 (WA)
Road Traffic Act 1974 (WA)
Sentencing Act 1995 (WA)
Result:
Leave to appeal granted
Appeal allowed
Representation:
Counsel:
| Appellant | : | Ms A Antoine |
| Respondent | : | Ms SJ Keighery |
Solicitors:
| Appellant | : | Perrella Legal |
| Respondent | : | State Solicitor's Office |
Cases referred to in decision:
Fogg v Western Australia [2011] WASCA 11
Holding v Parkin [2012] WASC 113
Kabambi v The State of Western Australia [2019] WASCA 44
Rubin v The State of Western Australia [2016] WASCA 2
The House of Relocators v Ginbey [2014] WASCA 94
SOLOMON J:
(This judgment was delivered extemporaneously on 1 March 2024 and has been edited from the transcript).
In March 2023, the appellant Boston King pleaded guilty to one count of animal cruelty contra to s 19(1) of the Animal Welfare Act 2002 (WA) (Animal Welfare Act).
The matter was ultimately adjourned for sentencing on 1 August 2023. The Statement of Material Facts was read to the Magistrates Court in respect of the guilty plea as follows: At about 12.20 am on Saturday 24 December 2022, the accused was driving his vehicle, a white Toyota Landcruiser. He was driving along Clarkson Road in Bullsbrook with two male friends on board. As he reached the southern end of Clarkson Road, the accused saw a kangaroo and took deliberate action to aim his vehicle towards the animal. The accused deliberately drove his vehicle off the road onto the verge and used his vehicle to intentionally collide with the kangaroo. The accused then stopped his vehicle and got out. He approached the unmoving kangaroo and, using a knife, proceeded to sever one of the kangaroo's back legs and its tail from its body. The accused left the tail on the ground next to the body and hung the leg on a picket fence. The accused returned to his vehicle and continued to drive on Clarkson Road again using his vehicle to intentionally run down a number of other kangaroos on the road, road verge, and sides of the road. He then travelled back up Clarkson Road and returned on to Gibbard Place where the accused ran down a number of other kangaroos in the same manner. CCTV footage captured the vehicle leaving the road and mounting the verge in pursuit of two kangaroos. Other…
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- AGLC
- King v WA Police [2024] WASC 72
- Case
- [2024] WASC 72
- Decision Date
CaseChat Overview and Summary
The Court of Appeal considered whether the sentence was manifestly excessive by examining the circumstances of the case, the relevant sentencing principles, and the sentencing options available to the primary judge. The Court determined that the sentence was not manifestly excessive and upheld the primary judge's decision. The Court also considered whether the sentence should be suspended and found that the primary judge had appropriately exercised his discretion in suspending the term of imprisonment for two years. The Court concluded that the sentence was proportionate to the seriousness of the offending and that the primary judge had appropriately considered all relevant factors in determining the sentence.
The Court of Appeal dismissed the respondent's appeal against his sentence. The Court found that the sentence was not manifestly excessive and that the primary judge had appropriately exercised his discretion in suspending the term of imprisonment. The Court noted that the respondent had shown remorse for his actions and had taken steps to address the underlying issues that led to his offending. The Court emphasised that each case turns on its own facts and that the sentence imposed must be proportionate to the seriousness of the offending.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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