Scrutton v The Queen

Case [2000] WASCA 360


SCRUTTON -v- THE QUEEN [2000] WASCA 360



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 360
COURT OF CRIMINAL APPEAL
Case No:CCA:12/20008 MAY 2000
Coram:KENNEDY J
WALLWORK J
WHEELER J
24/11/00
6Judgment Part:1 of 1
Result: Leave to appeal against sentence granted
Appeal dismissed
PDF Version
Parties:STANLEY FRASER SCRUTTON
THE QUEEN

Catchwords:

Criminal law and procedure
Sentencing
Applicant convicted on four counts of unlawfully and indecently dealing with a male child under the age of 14
Prior convictions for indecent dealing with children
Sentence of 2 years' imprisonment on each count to be served concurrently but cumulatively upon other sentences then being served
Previous sentences subject to order for parole
Sentencing Judge's refusal to order eligibility for parole
No basis for interference with discretion

Legislation:

Sentencing Act 1995, s 89

Case References:

Lowndes v The Queen (1999) 195 CLR 665
Thompson v The Queen (1992) 8 WAR 387

Armstrong v The Queen, unreported; CCA SCt of WA; Library No 980231; 21 April 1998
Cardillo v Taylor [1999] WASCA 166
Garlett v The Queen [2000] WASCA 72
Histon v The Queen, unreported; CCA SCt of WA; Library No 970197; 1 May 1997
Howell v The Queen (1989) 2 WAR 60
McLean v The Queen [1999] WASCA 209
R v Lowndes (1997) 95 A Crim R 516
R v Swain (1989) 41 A Crim R 214
Ward v The Queen, unreported; CCA SCt of WA; Library No 980098; 5 March 1998
Williams v The Queen, unreported; CCA SCt of WA; Library No 980146; 3 April 1998
Wongawol v The Queen, unreported; CCA SCt of WA; Library No 980233; 4 May 1998

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : SCRUTTON -v- THE QUEEN [2000] WASCA 360 CORAM : KENNEDY J
    WALLWORK J
    WHEELER J
HEARD : 8 MAY 2000 DELIVERED : 24 NOVEMBER 2000 FILE NO/S : CCA 12 of 2000 BETWEEN : STANLEY FRASER SCRUTTON
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Sentencing - Applicant convicted on four counts of unlawfully and indecently dealing with a male child under the age of 14 - Prior convictions for indecent dealing with children - Sentence of 2 years' imprisonment on each count to be served concurrently but cumulatively upon other sentences then being served - Previous sentences subject to order for parole - Sentencing Judge's refusal to order eligibility for parole - No basis for interference with discretion




Legislation:

Sentencing Act 1995, s 89



(Page 2)

Result:

Leave to appeal against sentence granted


Appeal dismissed

Representation:


Counsel:


    Applicant : Mr D P A Moen
    Respondent : Mr K P Bates


Solicitors:

    Applicant : Taylor Smart
    Respondent : State Director of Public Prosecutions


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

Lowndes v The Queen (1999) 195 CLR 665
Thompson v The Queen (1992) 8 WAR 387

Case(s) also cited:



Armstrong v The Queen, unreported; CCA SCt of WA;…

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AGLC
Scrutton v The Queen [2000] WASCA 360
Case
[2000] WASCA 360
Decision Date

CaseChat Overview and Summary

Scrutton was convicted on four counts of unlawfully and indecently dealing with a male child under the age of 14. The case came before the court following Scrutton's appeal against his sentence. Scrutton had previous convictions for similar offences involving children, and his recent sentence comprised 2 years' imprisonment on each count, to be served concurrently but cumulatively upon other sentences then being served. The sentencing judge refused to order eligibility for parole, which Scrutton argued should be reconsidered.

The legal issues before the court were whether the sentencing judge's refusal to order eligibility for parole was an error of law or a significant procedural impropriety, or whether the sentence imposed was manifestly inadequate or excessive. The court had to determine if there was any basis for interfering with the sentencing judge's discretion, considering the gravity of the offences, Scrutton's criminal history, and the sentencing principles applicable to the case.

The court found that the sentencing judge's decision was within the range of acceptable outcomes, and there was no error of law or significant procedural impropriety. The court concluded that the sentence reflected the seriousness of the crimes and Scrutton's history of similar offending. The appeal against the sentence was dismissed, and leave to appeal was granted.

Orders

Orders of the court

Leave to appeal against sentence 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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