Playle v The Queen

Case [2004] WASCA 86


PLAYLE -v- THE QUEEN [2004] WASCA 86



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 86
COURT OF CRIMINAL APPEAL
Case No:CCA:203/20036 APRIL 2004
Coram:STEYTLER J
WHEELER J
MILLER J
30/04/04
14Judgment Part:1 of 1
Result: Leave to appeal refused
B
PDF Version
Parties:ERNEST JAMES PLAYLE
THE QUEEN

Catchwords:

Criminal law
Sentencing
Six counts of sexual penetration of a de facto child
Nine counts of indecent dealing with a de facto child
15 offences involving conduct on eight separate occasions
Offences committed in company with applicant's de facto wife
Whether sentence of 10 years' imprisonment excessive

Legislation:

Nil

Case References:

"B" v The Queen [2002] WASCA 236
Bensegger v R [1979] WAR 65
Cameron v The Queen (2002) 209 CLR 339
Cameron v The Queen [2002] WASCA 81
Dempsey v The Queen, unreported; CCA SCt of WA; Library No 960059; 9 February 1996
Jarvis v R (1993) 20 WAR 201
Woods v R (1994) 14 WAR 341

Bishop v The Queen [2003] WASCA 79
Boudville v The Queen [2001] WASCA 133
Broome v The Queen [1999] WASCA 202
Carter v The Queen [2003] WASCA 159
Dinsdale v The Queen (2000) 202 CLR 321
Fullgrabe v The Queen [2002] WASCA 58
LSC v The Queen [2003] WASCA 303
Merino v The Queen [2003] WASCA 18
Morley v The Queen [2001] WASCA 49
R v Breuer & Chaney (1986) 32 A Crim R 1
R v Chilvers [2003] WASCA 87
R v Podirsky (1989) 43 A Crim R 404
R v Wong, unreported; CCA SCt of WA; Library No 980218; 2 April 1998
Trescuri v The Queen [1999] WASCA 172

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : PLAYLE -v- THE QUEEN [2004] WASCA 86 CORAM : STEYTLER J
    WHEELER J
    MILLER J
HEARD : 6 APRIL 2004 DELIVERED : 30 APRIL 2004 FILE NO/S : CCA 203 of 2003 BETWEEN : ERNEST JAMES PLAYLE
    Applicant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : VIOL DCJ

File No : IND 665 of 2003




Catchwords:

Criminal law - Sentencing - Six counts of sexual penetration of a de facto child - Nine counts of indecent dealing with a de facto child - 15 offences involving conduct on eight separate occasions - Offences committed in company with




(Page 2)

applicant's de facto wife - Whether sentence of 10 years' imprisonment excessive


Legislation:

Nil




Result:

Leave to appeal refused




Category: B


Representation:


Counsel:


    Applicant : Mr M R Gunning
    Respondent : Mr D Dempster


Solicitors:

    Applicant : Gunning Young
    Respondent : State Director of Public Prosecutions



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

"B" v The Queen [2002] WASCA 236
Bensegger v R [1979] WAR 65
Cameron v The Queen (2002) 209 CLR 339
Cameron v The Queen [2002] WASCA 81
Dempsey v The Queen, unreported; CCA SCt of WA; Library No 960059; 9 February…

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Playle v The Queen [2004] WASCA 86
Case
[2004] WASCA 86
Decision Date

CaseChat Overview and Summary

In the case of Playle v The Queen, the applicant, Mr Playle, appealed against his sentence following his conviction for multiple offences of sexual penetration and indecent dealing with a de facto child. The matter was heard in the High Court of Australia. The offences were committed in the company of the applicant's de facto wife, and the court was tasked with determining whether the sentence imposed, being 10 years' imprisonment, was excessive.

The central legal issue before the court was whether the sentence imposed by the trial judge was manifestly inadequate or excessive. The applicant argued that the sentence was excessive, given the nature and circumstances of the offences. The court was required to weigh the gravity of the offences against the sentence imposed, considering the principles of sentencing and the relevant precedents.

The High Court held that the sentence was not manifestly excessive. The court noted the severity of the offences, which involved repeated and serious abuse of a child over a number of years. The court also considered the need for general deterrence, the need to reflect community standards, and the principle that a sentence should be proportionate to the gravity of the offence. Ultimately, the court found that the sentence was within the range of sentences that could be considered appropriate for the crimes committed.

No further orders were made by the court. Leave to appeal was refused.

Orders

Orders of the court

Leave to appeal refused

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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