R -v- "W" (A CHILD) [2003] WASCA 118
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 118 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:25/2003 | 20 MAY 2003 | |
| Coram: | MURRAY J WHEELER J MCLURE J | 13/06/03 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | THE QUEEN "W" (A CHILD) |
Catchwords: | Criminal law Sentencing Offender severely intellectually disabled Significant risk of exposure to and exploitation by other offenders in detention Totality principle Turns on own facts |
Legislation: | Young Offenders Act 1994 (WA) |
Case References: | Dinsdale v 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 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- "W" (A CHILD) [2003] WASCA 118 CORAM : MURRAY J
- WHEELER J
MCLURE J
- Appellant
AND
"W" (A CHILD)
Respondent
Catchwords:
Criminal law - Sentencing - Offender severely intellectually disabled - Significant risk of exposure to and exploitation by other offenders in detention - Totality principle - Turns on own facts
Legislation:
Young Offenders Act 1994 (WA)
Result:
Appeal dismissed
(Page 2)
Category: B
Representation:
Counsel:
Appellant : Mr M Mischin
Respondent : Mr R M Utting
Solicitors:
Appellant : State Director of Public Prosecutions
Respondent : Donna Webb & Associates
Case(s) referred to in judgment(s):
Dinsdale v 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
Case(s) also cited:
R v "DP" (A Child) [2003] WASCA 92
(Page 3)
1 MURRAY J: I have had the advantage of reading in draft the reasons for decision now published by Wheeler J. I agree with them. There is little that I wish to add.
2 In my view also, these sentences, in their aggregate effect, although lenient, are not such as to reveal a miscarriage of sentencing discretion sufficient to warrant the intervention of this Court.
3 I have regard to the nature of the two offences, the fact that the respondent was aged 16 years when the offences were committed and was 17 when sentenced, and the principles of juvenile justice set out in the Young Offenders Act 1994 (WA) which lay stress on the need for the court to take a rehabilitative, rather than a punitive, approach to sentencing children.
4 I respectfully agree with Wheeler J that the respondent's severe intellectual handicap would make this case a relatively inappropriate occasion for the imposition of a substantially deterrent sentence.
5 Finally, of course, I must have regard to the fact that this is a Crown appeal, subject to the usual restraints attendant upon such cases: Dinsdale v…
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- R v "W" (A Child) [2003] WASCA 118
- Case
- [2003] WASCA 118
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CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed on the child was appropriate in light of their intellectual disability and the risks associated with detention. The court had to consider the principles of sentencing for intellectually disabled offenders and the need to balance the risks of detention with the need to protect the community. The court was also required to consider the totality principle in sentencing, which requires that the totality of the sentence be proportionate to the gravity of the offence and the offender's circumstances.
In delivering the judgment, the court found that the primary judge had appropriately considered the child's intellectual disability and the risks associated with detention. The court noted that the child's disability meant that they were more vulnerable to exploitation by other offenders and that detention would therefore be particularly harmful. However, the court also found that the primary judge had appropriately balanced these factors against the need to protect the community and to impose a sentence that was proportionate to the gravity of the offence. The court found that the sentence imposed was appropriate and dismissed the appeal. The appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
Appeal dismissed
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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