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R v DP (a child)

R v DP (a child)

Case [2003] WASCA 92 6 May 2003

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R -v- "DP" (A CHILD) [2003] WASCA 92

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WASCA 92
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:190/2002	Heard:	6 MARCH 2003
Coram:	MALCOLM CJ MURRAY J PARKER J	Delivered:	6/05/03
No of pages:	23	Judgment Part:	1 of 1
Result:	Appeal allowed, Total sentence increased from 2 years and 6 months to 6 years and 9 months
Category:	A
PDF Version

Parties:	THE QUEEN "DP" (A CHILD)
Catchwords:	Criminal law Sentencing Crown appeal against sentence Respondent aged 16 at the time of commission of the offences Various offences including aggravated burglary, aggravated sexual penetration, unlawful detention Totality principle Total sentence of 2 years and 6 months' imprisonment manifestly inadequate having regard to the total chapter of criminality
Legislation:	Children's Court of Western Austsralia Act 1998 (WA), s 43(1) Criminal Code (WA), s 317, s 324, s 326, s 333, s 401(1)(a) Young Offenders Act 1994 (WA), s 6, s 7, s 124
Case References:	"AM" (A Child) & Anor v The Queen, unreported; CCA SCt of WA; Library No 960263; 15 May 1996 "B" (A Child) v The Queen, unreported; CCA SCt of WA; Library No 950482; 13 September 1995 Ainsworth v "D" (A Child) (1992) 7 WAR 102 Dinsdale v The Queen (2000) 202 CLR 321 Fyfe v The Queen, unreported; CCA SCt of WA; Library No 980142; 18 March 1998 Herbert v The Queen [2003] WASCA 61 Kalalo v The Queen, unreported; CCA SCt of WA; Library No 6215; 14 March 1986 Lowndes v The Queen (1999) 195 CLR 665 Noddy v The Queen [1980] WAR 132 Norris v "AT" (A Child) [2003] WASCA 54 R v "VC" (A Child), unreported; CCA SCt of WA; Library No 990142; 23 March 1999 R v Grein [1989] WAR 178 R v Peterson [1984] WAR 329 R v Tait (1979) 46 FLR 386 R v Walker, unreported; CCA SCt of WA; Library No 7326; 20 October 1988 Yorkshire v The Queen, unreported; CCA SCt of WA; Library No 7169; 2 May 1988 Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- "DP" (A CHILD) [2003] WASCA 92 CORAM : MALCOLM CJ

MURRAY J

PARKER J

HEARD : 6 MARCH 2003 DELIVERED : 6 MAY 2003 FILE NO/S : CCA 190 of 2002 BETWEEN : THE QUEEN

Appellant

AND

"DP" (A CHILD)

Respondent

Catchwords:

Criminal law - Sentencing - Crown appeal against sentence - Respondent aged 16 at the time of commission of the offences - Various offences including aggravated burglary, aggravated sexual penetration, unlawful detention - Totality principle - Total sentence of 2 years and 6 months' imprisonment manifestly inadequate having regard to the total chapter of criminality

Legislation:

Children's Court of Western Austsralia Act 1998 (WA), s 43(1)

Criminal Code (WA), s 317, s 324, s 326, s 333, s 401(1)(a)
Young Offenders Act 1994 (WA), s 6, s 7, s 124

(Page 2)

Result:

Appeal allowed

Total…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v DP (a child)

Details

AGLC: R v DP (a child) [2003] WASCA 92
Case: [2003] WASCA 92
Decision Date: 6 MAY 2003

CaseChat Overview and Summary

The case of R v DP (a child) involved the respondent, a 16-year-old at the time of committing various offences, including aggravated burglary, aggravated sexual penetration, and unlawful detention. The court was asked to consider the Crown's appeal against the sentence given to the respondent. The appeal contested that the total sentence of 2 years and 6 months' imprisonment was manifestly inadequate in light of the respondent's total chapter of criminality.

The primary legal issue before the court was whether the sentence imposed was sufficiently severe to reflect the gravity of the offences committed. The court had to consider the totality principle, which requires that the cumulative sentence reflect the overall criminality of the offender. The Crown argued that the sentence did not adequately reflect the severity of the crimes, which included serious and violent offences committed against multiple victims.

The court acknowledged the respondent's age and the potential for rehabilitation but ultimately concluded that the sentence did not appropriately account for the seriousness of the crimes. The court found that the totality principle mandated a higher sentence to ensure justice was served and to provide adequate deterrence. Consequently, the appeal was allowed, and the total sentence was increased from 2 years and 6 months to 6 years and 9 months' imprisonment.

The final orders of the court mandated an increase in the respondent's sentence from 2 years and 6 months to 6 years and 9 months. This decision underscores the importance of considering the totality of an offender's criminal conduct when determining an appropriate sentence, particularly in cases involving serious and violent offences.

Orders

Orders of the court

Appeal allowed, Total sentence increased from 2 years and 6 months to 6 years and 9 months

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

R v DP (a child) [2003] WASCA 92

Most Recent Citation

CAP (a child) v Jeffers [2010] WASC 235

Cases citing this decision · 11 of 11 shown

PSS (a child) v The State of Western Australia
[2015] WASCA 98

…of Western Australia [2012] WASCA 246 MC (a child) v The Queen [2003] WASCA 205 Power v The Queen [1974] HCA 26; (1974) 131 CLR 623 R v DP (a child) [2003] WASCA 92 R v KC [2003] WASCA 144…
CJH v The State of Western Australia
[2013] WASCA 139 Para 1

…cumstances of the offender justify it. See Ainsworth v D (a child) (1992) 7 WAR 102, 117 (Malcolm CJ, Franklyn & White JJ agreeing); R v DP (a child) [2003] WASCA 92 [57] (Malcolm CJ, Murray & Parker JJ agreeing); MC (a child) v The Queen [2003] WASCA 205 [20] (McLure J, Steytler & Pullin JJ agreeing); JA (a child…
Wilson v Joseph Michael Francis, Minister for Corrective Services for the State of Western Australia
[2013] WASC 157

…M70/2011 The Minister for Immigration and Citizenship [2011] HCA 32; (2011) 244 CLR 144 Polites v Commonwealth (1945) 70 CLR 60 R v DP (A Child) [2003] WASCA 92 Re Liam [2005] NSWSC 75; (2005) 33 Fam LR 86 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Re Woodl…
JSA v The State of Western Australia
[2012] WASCA 25

…The State of Western Australia [2010] WASCA 175 Quach v The Queen [1999] WASCA 210 R v Baldock [2010] WASCA 170; (2010) 243 FLR 120 R v DP (a child) [2003] WASCA 92 R v KC [2003] WASCA 144 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 R v Storey [1998] 1 VR 359 R v VC (a child) (Unreported, WASCA, Library No 9901…
DBW (a child) v The State of Western Australia
[2011] WASCA 206

…v The State of Western Australia [2010] WASCA 175 Powell v Tickner [2010] WASCA 224 R v AWF (a child) (2000) 2 VR 1; [2000] VSCA 172 R v DP (a child) [2003] WASCA 92 Scolaro v Shephard (No 2) [2010] WASC 271 Tema v The State of Western Australia [2011] WASCA 41 The State of Western Australia v 'A Child' [2007] WAS…
CAP (a child) v Jeffers
[2010] WASC 235 Para 5

…g is serious, or the character and antecedents of the offender justify it, deterrence becomes a significant consideration once more: R v DP (A Child) [2003] WASCA 92 [57]; Ainsworth v D (A Child) (1992) 7 WAR 102, 117; MC (A Child) v The Queen [2003] WASCA 205 [20], [31].…
LWR v Lusted
[2009] TASSC 3

…g is serious, or the character and antecedents of the offender justify it, deterrence becomes a significant consideration once more: R v DP (A Child) [2003] WASCA 92 [57]; Ainsworth v D (A Child) (1992) 7 WAR 102, 117; MC (A Child) v The Queen [2003] WASCA 205 [20]."…
JA (a child) v The State of Western Australia
[2008] WASCA 70

…0 KSB (A Child) v The State of Western Australia [2004] WASCA 296 MC (A Child) v The Queen [2003] WASCA 205 R v BWP [2006] 1 SCR 941 R v DP (A Child) [2003] WASCA 92 R v Radich [1954] NZLR 86 R v S (A Child) (1989) 31 SASR 263 Re Warden Calder; Ex parte Cable Sands (WA) Pty Ltd (1998) 20 WAR 343 The State of Weste…
MC (a child) v The Queen
[2003] WASCA 205

…AM (A Child) & Anor v The Queen, unreported; CCA SCt of WA; Library No 960263; 15 May 1996 R v DP (A Child) [2003] WASCA 92 R v KC [2003] WASCA 144 R v S (A Child) (1982) 31 SASR 263 R v Wilson (1984) 35 SASR 200 "B" (A Child) v The Queen (1995) 82 A Crim R 234 "C" (A Child) v The Queen (1995) 83 A Crim R 561 R v…
R v KC
[2003] WASCA 144

…ted; CCA SCt of WA; Library No 960263; 5 February 1996 Cranssen v The King (1936) 55 CLR 509 Dinsdale v The Queen (2000) 202 CLR 321 R v DP (A Child) [2003] WASCA 92 R v Grein [1989] WAR 178 R v Peterson (1984) WAR 329 R v Suarez-Mejia (2002) 131 A Crim R 564 R v Tait (1979) 24 ALR 473 R v VC (a Child), unreported…
R v "W" (A Child)
[2003] WASCA 118

…The Queen (2000) 202 CLR 321 Herbert v The Queen [2003] WASCA 61 Jarvis v The Queen (1998) 20 WAR 201 R v Western [2001] WASCA 194 R v "DP" (A Child) [2003] WASCA 92…

View all 11 citing cases →

Cases cited in this decision · 5 of 5 shown

Herbert v The Queen
[2003] WASCA 61

…) 7 WAR 102 Dinsdale v The Queen (2000) 202 CLR 321 Fyfe v The Queen, unreported; CCA SCt of WA; Library No 980142; 18 March 1998 Herbert v The Queen [2003] WASCA 61 Kalalo v The Queen, unreported; CCA SCt of WA; Library No 6215; 14 March 1986 Lowndes v The Queen (1999) 195 CLR 665 Noddy v The Queen [1980] WAR 132…
Norris v "At" (A Child)
[2003] WASCA 54

…ported; CCA SCt of WA; Library No 6215; 14 March 1986 Lowndes v The Queen (1999) 195 CLR 665 Noddy v The Queen [1980] WAR 132 Norris v "AT" (A Child) [2003] WASCA 54 R v "VC" (A Child), unreported; CCA SCt of WA; Library No 990142; 23 March 1999 R v Grein [1989] WAR 178 R v Peterson [1984] WAR 329 R v Tait (1979)…
Dinsdale v The Queen
[2000] HCA 54

…A Child) v The Queen, unreported; CCA SCt of WA; Library No 950482; 13 September 1995 Ainsworth v "D" (A Child) (1992) 7 WAR 102 Dinsdale v The Queen (2000) 202 CLR 321 Fyfe v The Queen, unreported; CCA SCt of WA; Library No 980142; 18 March 1998 Herbert v The Queen [2003] WASCA 61 Kalalo v The Queen, unreported; CCA…
Lowndes v The Queen
[1999] HCA 299

…A; Library No 980142; 18 March 1998 Herbert v The Queen [2003] WASCA 61 Kalalo v The Queen, unreported; CCA SCt of WA; Library No 6215; 14 March 1986 Lowndes v The Queen (1999) 195 CLR 665 Noddy v The Queen [1980] WAR 132 Norris v "AT" (A Child) [2003] WASCA 54 R v "VC" (A Child), unreported; CCA SCt of WA; Library No 990142…
R v Shaharuddin
[1999] WASCA 229

…the circumstances of the offences, detracted from a proper consideration of the need to protect the community from the respondent: cf R v Shaharuddin [1999] WASCA 229 at par [53] per White J. In my opinion, although youth is always a significant mitigating factor, the circumstances of the offences and the character…

Legislation cited in this decision · 1

Young Offenders Act 1994 (WA)
6 2 mentions