S v The Queen

Case [2003] WASCA 309


"S" -v- THE QUEEN [2003] WASCA 309



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 309
COURT OF CRIMINAL APPEAL
Case No:CCA:112/20036 NOVEMBER 2003
Coram:MILLER J
MCKECHNIE J
WALLWORK AJ
10/12/03
12Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal allowed
Sentence varied by suspension of term for 2 years
B
PDF Version
Parties:  "S"
THE QUEEN

Catchwords:

Criminal law
Sentence
Attempting to pervert the course of justice
Sentence of 2 years' imprisonment
Offender mother of a disabled child
Medical evidence that child required both parents
Whether sentence ought to have been suspended

Legislation:

Crimes Act 1914 (Cth)

Case References:

Adams v The Queen [2003] WASCA 91
Dodd v Hoogewerf [2002] WASCA 15
Dodd v Hoogewert [2002] WASCA 15
Franklyn v R (1981) 3 Cr App R 65
Haleth v R (1982) 4 Cr App R 178
Hodder v The Queen (1995) 15 WAR 264
James (1985) 14 A Crim R 364
Lowndes v The Queen (1999) 195 CLR 665
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
Nguyen v The Queen (2001) 160 FLR 284
R v Hinton (2002) 134 A Crim R 286
R v Stewart (1994) 72 A Crim R 17
Stewart v The Queen, unreported; CCA SCt of WA; Library No 940081; 21 February 1994
Vaughan v R (1982) 4 Cr App R 83
Whitehead v R [1996] 1 Cr App R 111

Dinsdale v The Queen (2000) 202 CLR 321
House v The King (1936) 55 CLR 499
Morgan v R (1995) 82 A Crim R 518

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : "S" -v- THE QUEEN [2003] WASCA 309 CORAM : MILLER J
    MCKECHNIE J
    WALLWORK AJ
HEARD : 6 NOVEMBER 2003 DELIVERED : 10 DECEMBER 2003 FILE NO/S : CCA 112 of 2003 BETWEEN : "S"
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Sentence - Attempting to pervert the course of justice - Sentence of 2 years' imprisonment - Offender mother of a disabled child - Medical evidence that child required both parents - Whether sentence ought to have been suspended




Legislation:

Crimes Act 1914 (Cth)




Result:

Leave to appeal granted




(Page 2)

Appeal allowed
Sentence varied by suspension of term for 2 years


Category: B


Representation:


Counsel:


    Appellant : Mr R G W Bayly
    Respondent : Mr J Mactaggart


Solicitors:

    Appellant : Bayly & O'Brien
    Respondent : State Director of Public Prosecutions



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

Adams v The Queen [2003] WASCA 91
Dodd v Hoogewerf [2002] WASCA 15
Dodd v Hoogewert [2002] WASCA 15
Franklyn v R (1981) 3 Cr App R 65
Haleth v R (1982) 4 Cr App R 178
Hodder v The Queen (1995) 15 WAR 264
James (1985) 14 A Crim R 364
Lowndes v The Queen (1999) 195 CLR 665
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
Nguyen…

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Details
AGLC
S v The Queen [2003] WASCA 309
Case
[2003] WASCA 309
Decision Date

CaseChat Overview and Summary

In the matter of S v The Queen, the defendant was convicted of attempting to pervert the course of justice and was sentenced to a two-year imprisonment term. The defendant is a mother of a disabled child, and she appealed against her sentence, arguing that it should have been suspended. The legal issue before the court was whether the sentence should have been suspended, given the defendant's role as the primary caregiver for her disabled child. The court considered the importance of both parents in the upbringing of a disabled child and the impact of the defendant's absence on her child. The court found that the sentence should have been suspended, and the appeal was allowed. The sentence was varied by suspending the two-year term for two years, taking into account the defendant's role as the primary caregiver for her disabled child. The decision highlights the importance of considering the impact of a custodial sentence on vulnerable individuals, such as disabled children, and the need for courts to balance the needs of the community with the needs of individual defendants.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed

Sentence varied by suspension of term for 2 years

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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