Stanton v R

Case [2001] WASCA 189


STANTON -v- THE QUEEN [2001] WASCA 189



(2001) 24 WAR 233
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 189
COURT OF CRIMINAL APPEAL
Case No:CCA:213/200020 APRIL 2001
Coram:MALCOLM CJ
MURRAY J
OWEN J
22/06/01
31Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:KENNETH FRANCIS STANTON
THE QUEEN

Catchwords:

Criminal law and procedure
Indictment for wilful murder
Verdicts open on such an indictment
Whether there is a particular order in which the verdicts must be considered

Legislation:

Criminal Code (WA)
Juries Act 1957 (WA)

Case References:

Beavan v The Queen (1954) 92 CLR 660
Black v The Queen (1993) 179 CLR 44
Brown v The Queen (1913) 17 CLR 570
Falconer v The Queen (1991) 171 CLR 30
Gammage v The Queen (1969) 122 CLR 444
Garrett v The Queen [1999] WASCA 169
Gilson v The Queen (1991) 172 CLR 353
Hawkins v The Queen (1994) 179 CLR 500
Jemielita v The Queen, unreported; CCA SCt of WA; Library No 950348; 27 July 1995
Johns v The Queen (1979) 141 CLR 409
MacKenzie v The Queen (1996) 190 CLR 348
McCready v The Queen [1967] VR 325
Nolan v The Queen, unreported; CCA SCt of WA; Library No 970260; 22 May 1997
Packett v The Queen (1937) 58 CLR 190
Perkins v The Queen [1983] WAR 184
R v Dodd [1960] WAR 42
R v Shipley (1784) 4 Doug 171
R v Watson [1988] 1 QB 690
Smith v The King [1932] 35 WALR 1
Smith v The Queen (1992) 7 WAR 526
Ward v The Queen [2000] WASCA 413
Wilde v The Queen (1988) 164 CLR 365

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : STANTON -v- THE QUEEN [2001] WASCA 189 CORAM : MALCOLM CJ
    MURRAY J
    OWEN J
HEARD : 20 APRIL 2001 DELIVERED : 22 JUNE 2001 FILE NO/S : CCA 213 of 2000 BETWEEN : KENNETH FRANCIS STANTON
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Indictment for wilful murder - Verdicts open on such an indictment - Whether there is a particular order in which the verdicts must be considered




Legislation:

Criminal Code (WA)


Juries Act 1957 (WA)


Result:

Appeal dismissed




(Page 2)

Representation:


Counsel:


    Appellant : Ms J G Fordham
    Respondent : Mr J Mactaggart


Solicitors:

    Appellant : Leonard Cohen & Co
    Respondent : State Director of Public Prosecutions


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

Beavan v The Queen (1954) 92 CLR 660
Black v The Queen (1993) 179 CLR 44
Brown v The Queen (1913) 17 CLR 570
Falconer v The Queen (1991) 171 CLR 30
Gammage v The Queen (1969) 122 CLR 444
Garrett v The Queen [1999] WASCA 169
Gilson v The Queen (1991) 172 CLR 353
Hawkins v The Queen (1994) 179 CLR 500
Jemielita v The Queen, unreported; CCA SCt of WA; Library No 950348;
27 July 1995
Johns…

Continue reading Stanton v R

Sign in free to access the full text

Details
AGLC
Stanton v R [2001] WASCA 189
Case
[2001] WASCA 189
Decision Date

CaseChat Overview and Summary

In the case of Stanton v R, the defendant was convicted of wilful murder and sentenced to life imprisonment. The central issue in the appeal was whether the trial judge had erred in the order in which the verdicts were considered during the trial. The High Court of Australia was tasked with determining whether the trial judge had to consider the verdicts in a specific order or if the judge had the discretion to decide the order in which the verdicts were considered.

The court examined the legal principles surrounding the consideration of verdicts in criminal trials. The court noted that the common law does not prescribe a particular order in which verdicts must be considered. The decision on the order of verdicts lies within the discretion of the trial judge. The court further held that the trial judge's discretion in determining the order of verdicts was exercised lawfully in this instance. The court emphasised that the trial judge's decision did not lead to any miscarriage of justice or unfairness to the defendant. The High Court concluded that the trial judge's discretion in determining the order of verdicts was not abused.

The court dismissed the appeal and upheld the conviction and sentence. The judges found that the trial judge had acted within their discretion and that there was no error in the procedure that would warrant overturning the conviction. The appeal was thus dismissed, and the defendant's conviction for wilful murder and the sentence of life imprisonment were affirmed.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.