R -v- RICHARDS [1999] WASCA 105
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [1999] WASCA 105 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:83/1999 | 1 JUNE 1999 | |
| Coram: | MALCOLM CJ PIDGEON J IPP J | 30/07/99 | |
| 23 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| PDF Version |
| Parties: | THE QUEEN MARTIN BLIGHT RICHARDS |
Catchwords: | Sentencing Crown appeal Totality Seven years imprisonment for series of separate sexual offences against stepdaughter Distinguish from situation where series of overlapping related offences Appropriate to consider whole transaction Offences in upper range of seriousness Many offences, use of knife, threats, photographs taken and forced penetration of stepdaughter justify starting point of 15 years imprisonment. Sentencing Mitigation Depressive illness and prior good character outweighed by premeditation and grossness of offences Illness only mitigatory to extent it contributed to commission of offence Fast track and remorse Total sentence of 12 years imprisonment appropriate. R v Tsiaris [1996] 1 VR 398, distinguished. Pearce v Q [1998] HCA 57; (1998) 72 ALJR 1416, considered. Symonds v Q, unreported; CCA SCt of WA; Library No 980616; 28 October 1998, applied. |
Legislation: | Criminal Code s 27 |
Case References: | Bensegger v R [1979] WAR 65 Kauhanen v R (1999) WASCA 14 Krencej v The Queen [1999] WASCA 20 Pearce v The Queen [1998] HCA 57; (1998) 72 ALJR 1416 R v Anderson [1981] VR 155 R v Podirsky (1989) 43 A Crim R R v Podirsky (1989) 43 A Crim R 404 R v Tsiaras [1996] 1 VR 398 Symonds v The Queen, unreported; CCA SCt of WA; Library No 980616; 28 October 1998 Veen v R (No 2) (1988) 164 CLR 465 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- RICHARDS [1999] WASCA 105 CORAM : MALCOLM CJ
- PIDGEON J
IPP J
- Appellant
AND
MARTIN BLIGHT RICHARDS
Respondent
Catchwords:
Sentencing - Crown appeal - Totality - Seven years imprisonment for series of separate sexual offences against stepdaughter - Distinguish from situation where series of overlapping related offences - Appropriate to consider whole transaction - Offences in upper range of seriousness - Many offences, use of knife, threats, photographs taken and forced penetration of stepdaughter justify starting point of 15 years imprisonment.
Sentencing - Mitigation - Depressive illness and prior good character outweighed by premeditation and grossness of offences - Illness only mitigatory to extent it contributed to commission of offence - Fast track and remorse - Total sentence of 12 years imprisonment appropriate.
R v Tsiaris [1996] 1 VR 398, distinguished.
(Page 2)
Pearce v Q [1998] HCA 57; (1998) 72 ALJR 1416, considered.
Symonds v Q, unreported; CCA SCt of WA; Library No 980616; 28 October 1998, applied.
Legislation:
Criminal Code s 27
Result:
Appeal allowed
Representation:
Counsel:
Appellant : Mr R E Cock…
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- R v Richards [1999] WASCA 105
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- [1999] WASCA 105
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CaseChat Overview and Summary
In the case of R v Richards, the defendant appealed against his sentence following a conviction for a series of sexual offences against his stepdaughter. The appeal was heard by the court of appeal. The central issue was whether the trial judge had erred in determining the appropriate sentence for the defendant's crimes. Given the nature and severity of the offences, the court needed to assess whether the trial judge had adequately considered the totality principle, the impact of the defendant's mental health, and other mitigating factors in arriving at the sentence.
The court examined the legal issues surrounding the sentencing principles, particularly the totality principle, which requires that the cumulative sentence for multiple offences be considered as a whole. The court noted that while the offences were separate, they formed a significant and disturbing pattern of abuse. The court found that the starting point of 15 years imprisonment was appropriate, given the seriousness of the offences, which included the use of a knife, threats, and forced penetration, along with the taking of photographs. The court also considered the defendant's prior good character and his depressive illness as mitigating factors but concluded that these did not significantly outweigh the premeditation and grossness of the crimes. The court determined that the depressive illness only partially contributed to the commission of the offences and that the defendant's remorse and fast track through the court system warranted some reduction in the sentence.
In light of the court's analysis, the appeal was allowed, and the total sentence was reduced to 12 years imprisonment. The court of appeal considered the principles set out in R v Tsiaris and Pearce v Q, and applied the reasoning from Symonds v Q to reach its decision. The final order of the court was to allow the appeal and reduce the sentence to 12 years imprisonment.
The court examined the legal issues surrounding the sentencing principles, particularly the totality principle, which requires that the cumulative sentence for multiple offences be considered as a whole. The court noted that while the offences were separate, they formed a significant and disturbing pattern of abuse. The court found that the starting point of 15 years imprisonment was appropriate, given the seriousness of the offences, which included the use of a knife, threats, and forced penetration, along with the taking of photographs. The court also considered the defendant's prior good character and his depressive illness as mitigating factors but concluded that these did not significantly outweigh the premeditation and grossness of the crimes. The court determined that the depressive illness only partially contributed to the commission of the offences and that the defendant's remorse and fast track through the court system warranted some reduction in the sentence.
In light of the court's analysis, the appeal was allowed, and the total sentence was reduced to 12 years imprisonment. The court of appeal considered the principles set out in R v Tsiaris and Pearce v Q, and applied the reasoning from Symonds v Q to reach its decision. The final order of the court was to allow the appeal and reduce the sentence to 12 years imprisonment.
Orders
Orders of the court
Appeal allowed
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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