R v Griffiths

Case [1999] WASCA 23


R -v- GRIFFITHS [1999] WASCA 23



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 23
COURT OF CRIMINAL APPEAL
Case No:CCA:203/199813 MAY 1999
Coram:KENNEDY J
IPP J
WALLWORK J
24/05/99
6Judgment Part:1 of 1
Result: Appeal allowed
PDF Version
Parties:THE QUEEN
MARK RAYMOND GRIFFITHS

Catchwords:

Criminal law and procedure
Sentencing
Sexual offences
Three counts of digital penetration, one count of attempted digital penetration, 10 counts of indecent assault
Six victims
Sentence of 6 years' imprisonment substituted for sentence of 4 years' imprisonment

Legislation:

Nil

Case References:

Nil,
Bowdidge v The Queen, unreported; CCA SCt of WA; Library No 920191; 3 April 1992
Coulter v The Queen, unreported; CCA SCt of WA; Library No 960507; 4 September 1996
Dao v The Queen, unreported; CCA SCt of WA; Library No 990015; 22 January 1999
Dempsey v The Queen, unreported; CCA SCt of WA; Library No 960059; 9 February 1996
Jarvis v The Queen, unreported; CCA SCt of WA; Library No 930341; 14 June 1993
Miles v The Queen (1997) 17 WAR 518
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 72 ALJR 1416
R v Dinsdale, unreported; CCA SCt of WA; Library No 990021; 2 February 1999
R v Estreich, unreported; CCA SCt of WA; Library No 950500; 2 August 1995
R v Grein [1989] WAR 178
R v Pinder (1992) 8 WAR 19
R v Podirsky (1989) 43 A Crim R 404
R v Ruane (1979) 1 A Crim R 284
R v Shaw (1989) 39 A Crim R 343
R v Tait (1979) 46 FLR 386
Smedley v The Queen, unreported; CCA SCt of WA; Library No 990146; 23 March 1999
Wong v The Queen, unreported; CCA SCt of WA; Library No 980218; 2 April 1998
Woods v The Queen (1994) 14 WAR 341

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- GRIFFITHS [1999] WASCA 23 CORAM : KENNEDY J
    IPP J
    WALLWORK J
HEARD : 13 MAY 1999 DELIVERED : 24 MAY 1999 FILE NO/S : CCA 203 of 1998 BETWEEN : THE QUEEN
    Appellant

    AND

    MARK RAYMOND GRIFFITHS
    Respondent



Catchwords:

Criminal law and procedure - Sentencing - Sexual offences - Three counts of digital penetration, one count of attempted digital penetration, 10 counts of indecent assault - Six victims - Sentence of 6 years' imprisonment substituted for sentence of 4 years' imprisonment




Legislation:

Nil




Result:


    Appeal allowed

(Page 2)

Representation:


Counsel:


    Appellant : Mr R E Cock QC & Mr P D Yovich
    Respondent : Mr P S Murray


Solicitors:

    Appellant : Acting State Director of Public Prosecutions
    Respondent : Marks Healy Sands

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

Nil.



Case(s) also cited:
Bowdidge v The Queen, unreported; CCA SCt of WA; Library No 920191; 3 April 1992
Coulter v The Queen, unreported; CCA SCt of WA; Library No 960507; 4 September 1996
Dao v The Queen, unreported; CCA…

Continue reading R v Griffiths

Sign in free to access the full text

Details
AGLC
R v Griffiths [1999] WASCA 23
Case
[1999] WASCA 23
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Victoria, the case of R v Griffiths involved a defendant convicted on multiple counts related to sexual offences. Griffiths was found guilty of three counts of digital penetration, one count of attempted digital penetration, and ten counts of indecent assault against six victims. The case concerned the appropriate sentence to be imposed on Griffiths, with the original sentence being four years' imprisonment. The Crown appealed the sentence, arguing that it was manifestly inadequate given the severity and impact of the crimes.

The central legal issues the court had to address were the principles of sentencing for sexual offences and the appropriateness of the sentence in light of the gravity of the crimes committed. The court considered the need for the sentence to reflect the seriousness of the offences, the need for deterrence, and the necessity of protecting the community. The court also took into account the impact on the victims and the importance of proportionality in sentencing.

The court found that the original sentence did not adequately reflect the seriousness of the offences. The crimes were of a particularly heinous nature, involving multiple victims and a significant breach of trust. The court held that the original sentence failed to provide sufficient punishment and deterrence. In light of this, the court allowed the appeal and substituted a sentence of six years' imprisonment for the original four-year sentence. The court emphasised the importance of proportionality in sentencing and the need to ensure that the sentence appropriately reflected the gravity of the crimes committed.

Orders

Orders of the court

Appeal allowed

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.