JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: NEWLAND -v- THE QUEEN [2018] WASCA 124
CORAM: BUSS P
MAZZA JA
BEECH JA
HEARD: 20 FEBRUARY 2018 & 10 APRIL 2018
DELIVERED : 11 MAY 2018
PUBLISHED : 27 JULY 2018
FILE NO/S: CACR 203 of 2017
BETWEEN: ROBERT BRUCE NEWLAND
Appellant
AND
THE QUEEN
Respondent
FILE NO/S: CACR 31 of 2018
BETWEEN: ROBERT BRUCE NEWLAND
Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram: KENNEDY J
File Number : INS 104 of 1988, INS 110 of 1988
Catchwords:
Criminal law - Appeal against conviction - Extension of time to appeal - Pleas of guilty - Whether the appellant could not in law, on the admitted facts, have been guilty of two of the offences with which he was charged - Whether this court is empowered, in the circumstances, to enter judgments of conviction for alternative offences
Criminal law - Appeal against an order made for the appellant's indefinite detention - Extension of time to appeal - Whether the sentencing judge erred in law in ordering that, at the expiration of a finite term of imprisonment, the appellant be detained during the Governor's pleasure pursuant to s 662(a) (repealed) of the Criminal Code (WA)
Legislation:
Criminal Appeals Act 2004 (WA), s 30(5)
Criminal Code (WA), s 324E (repealed), s 324F (repealed), s 662(a) (repealed)
Result:
CACR 203 of 2017
Application for an extension of time to appeal granted
Leave to appeal granted
Appeal allowed
Sentencing decision of the sentencing judge set aside
Appellant resentenced
CACR 31 of 2018
Application for an extension of time to appeal granted
Leave to appeal granted
Appeal allowed
Judgments of conviction on the count in indictment INS 104 of 1988 and on count 3 in indictment INS 110 of 1988 set aside
Judgments of acquittal entered on those counts
Category: B
Representation:
CACR 203 of 2017
Counsel:
| Appellant | : | Ms K J Farley SC on 20 February 2018; Ms K J Farley SC & Mr B Meshgin on 10 April 2018 |
| Respondent | : | Ms A L Forrester SC & Ms G N Beggs on 20 February 2018; Mr J A Scholz & Ms G N Beggs on 10 April 2018 |
Solicitors:
| Appellant | : | Legal Aid WA |
| Respondent | : | Director of Public Prosecutions (WA) |
CACR 31 of 2018
Counsel:
| Appellant | : | Ms K J Farley SC & Mr B Meshgin |
| Respondent | : | Mr J A Scholz & Ms G N Beggs |
Solicitors:
| Appellant | : | Legal Aid WA |
| Respondent | : | Director of Public Prosecutions (WA) |
Case(s) referred to in judgment(s):
Chester v The Queen [1988] HCA 62; (1988) 165 CLR 611
DAL v The State of Western Australia [2006] WASCA 246; (2006) 33 WAR 143
Director of Public Prosecutions Reference under s 693A of the Criminal Code (No 1 of 1992) v 'M'; Director of Public Prosecutions Reference under s 693A of the Criminal Code (No 1 of 1993) v…
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- AGLC
- Newland v The Queen [2018] WASCA 124
- Case
- [2018] WASCA 124
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the validity of the convictions, the court's authority to enter judgments of conviction for alternative offences, and the correctness of the sentencing judge's decision regarding indefinite detention. The appellant argued that on the admitted facts, he could not be guilty of two specific offences, thus questioning the validity of his convictions. Additionally, the court was asked to consider whether it had the power to substitute alternative convictions and whether the indefinite detention order was legally sound.
The court found that on the admitted facts, Newland could not have been guilty of two of the offences charged. However, the court was not empowered to enter judgments of conviction for alternative offences in such circumstances. Regarding the indefinite detention order, the court concluded that the sentencing judge had indeed erred in law. Consequently, the appeal against the conviction was upheld to the extent of the two offences, and the appeal against the indefinite detention order was allowed. The court's decision resulted in Newland being re-sentenced for the valid offences and the indefinite detention order being quashed.
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
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