S v The Queen

Case [2004] WASCA 113


S -v- THE QUEEN [2004] WASCA 113



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 113
COURT OF CRIMINAL APPEAL
Case No:CCA:60/20031 APRIL 2004
Coram:MALCOLM CJ
TEMPLEMAN J
MILLER J
31/05/04
22Judgment Part:1 of 1
Result: Leave to appeal granted, Appeal dismissed
B
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Parties:S
THE QUEEN

Catchwords:

Criminal law and procedure
Sentencing
Plea of guilty to ten counts of indecent dealing with a child between the ages of 13 and 16, seven counts of sexually penetrating a child between the ages of 13 and 16, one count of procuring a child under 16 to engage in sexual behaviour and three counts of breach of a violence restraining order
Applicant a first offender under fast­track system
Whether total sentence of 10 years manifestly excessive

Legislation:

Criminal Code (WA), ss 321(2), (4)
Sentencing Act 1995 (WA), s 32
Sentencing Legislation Amendment and Repeal Act 2003 (WA)

Case References:

AB v The Queen (1999) 198 CLR 111
Boudville v The Queen [2001] WASCA 133
D v The Queen [2003] WASCA 33
Dempsey v The Queen, unreported; CCA SCt of WA; Library No 960059; 9 February 1996
Gray v Motor Accident Commission (1998) 196 CLR 1
Jarvis v The Queen (1993) 20 WAR 201
LSC v The Queen [2003] WASCA 303
Mill v The Queen (1998) 166 CLR 59
Pearce v The Queen (1998) 194 CLR 610
R v Fancourt, unreported; CCA SCt of WA; Library No 8319; 18 June 1990
R v Petchell, unreported; CCA SCt of WA; Library No 930346; 16 June 1993
Steuart v The Queen, unreported; CCA SCt of WA; Library No 950486; 15 September 1995
Woods v The Queen (1994) 14 WAR 341

B v The Queen [2002] WASCA 236
Bosworth v The Queen [2004] WASCA 43
Cameron v The Queen (2002) 209 CLR 339
Cardile v The Queen [2003] WASCA 72
Chinnery v The Queen [2000] WASCA 295
Dauphin v The Queen [2002] WASCA 104
Grimwood v The Queen [2002] WASCA 135
King v The Queen [2001] WASCA 103
Kirk v The Queen, unreported; CCA SCt of WA; Library No 980087; 17 February 1998
Lowndes v The Queen (1999) 195 CLR 665
Morley v The Queen [2001] WASCA 49
R v Astill (No 2) (1992) 64 A Crim R 289
R v Blurton, unreported; CCA SCt of WA; Library No 960425; 7 August 1996
R v Chilvers [2003] WASCA 87
R v Dinsdale, unreported; CCA SCt of WA; Library No 990021; 2 February 1999
R v GP (1997) 18 WAR 196
R v Grein [1989] WAR 178
R v Halliday, unreported; CCA SCt of WA; Library No 980143; 3 April 1998
R v Hough [2002] WASCA 42
R v Lippiatt, unreported; CCA SCt of WA; Library No 980065; 17 February 1998
R v Lloyd, unreported; CCA SCt of WA; Library No 960187; 4 April 1996
R v Podirsky (1989) 43 A Crim R 404
R v Tait (1979) 46 FLR 386

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S v The Queen [2004] WASCA 113
Case
[2004] WASCA 113
Decision Date

CaseChat Overview and Summary

In the Supreme Court of [State], the matter of S v The Queen involved a defendant who had pleaded guilty to multiple serious sexual offences involving minors. The defendant was charged with ten counts of indecent dealing with a child under the age of 16, seven counts of sexually penetrating a child under 16, one count of procuring a child under 16 to engage in sexual behaviour, and three counts of breaching a violence restraining order. The defendant, who was a first offender, was sentenced under the fast-track system to a total of 10 years imprisonment, which the defendant argued was manifestly excessive.

The primary legal issue before the court was whether the total sentence of 10 years imprisonment was manifestly excessive, given the defendant's status as a first offender and the overall circumstances of the case. The court considered the principles of sentencing, including the need to ensure proportionality, deterrence, and rehabilitation, as well as the specific factors that contributed to the imposition of the sentence. The court also assessed whether the sentence was commensurate with those imposed in similar cases.

In its judgment, the court found that the sentence was not manifestly excessive. It emphasised the gravity of the offences committed and the need to protect the community and deter future offending. The court concluded that the sentence was proportionate to the seriousness of the crimes and took into account all relevant factors, including the defendant's first-time offender status. Consequently, the appeal against the sentence was dismissed.

No further orders were made by the court. The decision was that the appeal was dismissed, and the sentence of 10 years imprisonment was upheld.

Orders

Orders of the court

Leave to appeal granted, 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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