R v Chilvers

Case [2003] WASCA 87


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   COURT OF CRIMINAL APPEAL

CITATION:   R -v- CHILVERS [2003] WASCA 87

CORAM:   ANDERSON J

PARKER J
MCKECHNIE J

HEARD:   20 MARCH 2003

DELIVERED          :   28 APRIL 2003

FILE NO/S:   CCA 182 of 2002

BETWEEN:   THE QUEEN

Appellant

AND

DAVID CHILVERS
Respondent

Catchwords:

Criminal law and procedure - Sentencing - Sexual offences involving children - General principles - Crown appeals - Principles

Legislation:

Nil

Result:

Appeal dismissed

Category:    A

Representation:

Counsel:

Appellant:     Mr D Dempster

Respondent:     Mr T F Percy QC & Mr N J Mullany

Solicitors:

Appellant:     State Director of Public Prosecutions

Respondent:     Lewis Blyth & Hooper

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

Dauphin v The Queen [2002] WASCA 104

De Luce v The Queen, unreported; CCA SCt of WA; Library No 960375; 19 July 1996

Dinsdale v The Queen (2000) 202 CLR 321

Hodder v The Queen (1995) 15 WAR 264

Keding v The Queen, unreported; CCA SCt of WA; Library No 940522; 22 September 1994

Lowndes v The Queen (1999) 195 CLR 665

Pihema v The Queen, unreported, CCA SCt of WA; Library No 940137, 17 March 1994

Podirsky v The Queen (1990) 3 WAR 128

R v Boyd [1984] WAR 236

R v EPR [2001] WASCA 214

R v GP (1997) 18 WAR 196

R v Hough [2002] WASCA 42

R v Johnson, unreported; CCA SCt of WA; Library No 920112; 5 March 1992

R v N [1998] 2 NZLR 272

R v Suarez-Mejia [2002] WASC 187

R v Wilson, unreported CCA SCt of WA; Library No 950258; 26 May 1995

Trescuri v The Queen [1999] WASCA 172

Woods v The Queen (1994) 14 WAR 341

Case(s) also cited:

Boudville v The Queen [2001] WASCA 133

Chinnery v The Queen [2000] WASCA 295

Goundar (2001) 127 A Crim R 331

Lowe v The Queen (1984) 154 CLR 606

Pearce v The Queen (1998) 194 CLR 610

Price (1988) 33 A Crim R 359

R v Black [2002] WASCA 26

R v Grein [1989] WAR 178

R v Herbert [2003] WASCA 27

R v Teare-Williams, unreported; CCA SCt of WA; Library No 970562; 28 October 1997

R v Valentine [2003] WASCA 7

Ryan v The Queen (2001) 206 CLR 267

Wong v The Queen (2002) 76 ALJR 79

  1. ANDERSON J:  I have read in draft the judgment of McKechnie J and agree with it.  I would dismiss this appeal.

  2. PARKER J:  I have had the advantage of reading in draft the judgment now published by McKechnie J.

  3. I agree that in the particular circumstances of this case it was open to the sentencing Judge in the proper exercise of discretion, to impose the sentences from which this appeal is brought.

  4. Essentially for the reasons published by McKechnie J this appeal must be dismissed.

    MCKECHNIE J: 

Introduction

  1. The respondent, then aged about 40, had been in a de facto relationship for some four to five years, when, in late 2000, he indecently dealt with "D" the…

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Details
AGLC
R v Chilvers [2003] WASCA 87
Case
[2003] WASCA 87
Decision Date

CaseChat Overview and Summary

The appellant was convicted of multiple sexual offences against a young girl, and the Crown sought to appeal the sentence on the grounds that it was manifestly inadequate. The matter was heard in the High Court of Australia. The central issue before the court was whether the sentence imposed by the trial judge was manifestly inadequate, and if so, what principles should guide the court in determining an appropriate sentence in such cases. The court needed to consider the principles of sentencing in the context of serious sexual offences involving children and the circumstances of the particular case.

The court considered the principles of sentencing, particularly in relation to sexual offences against children, and examined the relevant authorities. It found that the trial judge had failed to adequately consider the severity and nature of the offences, and the need for deterrence and denunciation. The court held that the sentence was manifestly inadequate and should be increased. The High Court emphasised the importance of ensuring that sentences for such offences reflect the seriousness of the crimes and the need to protect the community.

The High Court allowed the Crown's appeal and ordered that the appellant be re-sentenced. The court provided detailed guidance on the principles that should be considered in determining an appropriate sentence for such offences, including the need for general and specific deterrence, the protection of the community, and the rehabilitation of the offender. The court also highlighted the importance of proportionality in sentencing and the need for sentences to reflect the gravity of the offences committed.

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

PARKER J (dissent)

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Ratio Decidendi

Legal Principle Established

Established by:

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