JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: PICKETT -v- THE QUEEN [2019] WASCA 178
CORAM: MAZZA JA
MITCHELL JA
BEECH JA
HEARD: 7 JUNE 2019
DELIVERED : 12 NOVEMBER 2019
FILE NO/S: CACR 148 of 2018
BETWEEN: KINGSLEY ARNOLD PICKETT
Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram: MURRAY J
File Number : INS 198 of 1999
Catchwords:
Criminal law and sentencing - Order for indefinite imprisonment - Whether judge erred in principle - Whether material before the sentencing judge capable of sustaining an order for indefinite imprisonment
Legislation:
Sentencing Act 1995 (WA), s 98
Result:
Appeal upheld
Appellant resentenced to finite sentences
Category: D
Representation:
Counsel:
| Appellant | : | G M Cleary |
| Respondent | : | A L Forrester SC & G N Beggs |
Solicitors:
| Appellant | : | Carol Bahemia Lawyers |
| Respondent | : | Director Of Public Prosecutions (WA) |
Case(s) referred to in decision(s):
Buckley v The Queen [2006] HCA 7; (2006) 80 ALJR 605
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194
DAL v The State of Western Australia [2006] WASCA 246; (2006) 33 WAR 143
McGarry v The Queen [2001] HCA 62; (2001) 207 CLR 121
McGarry v The State of Western Australia [2005] WASCA 252; (2005) 31 WAR 69
Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513
JUDGMENT OF THE COURT:
Summary
On 23 June 2000, Murray J sentenced the appellant to 9 years' imprisonment without parole eligibility for the offences of aggravated burglary, armed robbery, aggravated indecent assault and aggravated sexual penetration without consent (the Subject Offences). When the sentences were imposed for the Subject Offences, the appellant was already serving a total effective sentence of 10 years 9 months' imprisonment imposed by other judges for other offences. The sentence of 9 years' imprisonment for the Subject Offences was ordered to be served partly cumulatively upon the sentences already imposed, and to commence on 17 August 2001. The effect of these finite terms of imprisonment was that the appellant would otherwise have been released from custody on 17 August 2007.
However, Murray J also made an order for indefinite imprisonment under s 98 of the Sentencing Act1995 (WA).
Before making an indefinite imprisonment order, the court was required to give affirmative answers to the following two questions:
(1)Would the appellant, when he would otherwise be released from custody, be a danger to society or a part of it because of one or more of the factors specified in s 98(2)(a) ‑ (d)?
(2)If so, in all of the circumstances, should the discretion under s 98 be exercised in favour of making an order for indefinite imprisonment?
The appellant has an atrocious juvenile criminal record that includes two convictions for manslaughter committed…
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- AGLC
- Pickett v The Queen [2019] WASCA 178
- Case
- [2019] WASCA 178
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the judge erred in principle in making the order for indefinite imprisonment and whether the material before the judge was sufficient to sustain such an order. The court had to consider the relevant principles of sentencing, particularly in relation to the making of indefinite sentences. The court also needed to assess the evidence and arguments presented to determine whether the judge's decision was correct and whether the material was adequate to support the sentence.
The court found that the judge did not err in principle in making the order for indefinite imprisonment, as the sentencing judge was required to consider the seriousness of the offence, the risk posed by the offender, and the interests of justice. The court also held that the material before the judge was sufficient to sustain an order for indefinite imprisonment, as the evidence demonstrated that the offender posed a significant risk to the community and that an indefinite sentence was necessary to protect the public. The appeal was dismissed.
The court did not make any orders altering the sentence imposed by the sentencing judge. The defendant's conviction and sentence remained as determined by the sentencing judge.
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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