THOMPSETT -v- THE QUEEN [2001] WASCA 8
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 8 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:270/1999 | 6 JUNE 2000 | |
| Coram: | KENNEDY J MURRAY J PARKER J | 31/01/01 | |
| 17 | Judgment Part: | 1 of 1 | |
| Result: | Application for leave to appeal against sentence dismissed | ||
| PDF Version |
| Parties: | BENJAMIN STEPHEN THOMPSETT THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing Murder Sentence of life imprisonment with minimum term of 11 years Applicant having history of substance abuse Claims of schizophrenia and attention deficit disorder not supported Applicant mildly intellectually handicapped Deprived background Minimum term upheld |
Legislation: | Nil |
Case References: | Channon v The Queen (1978) 20 ALR 1 Lauritsen v The Queen [2000] WASCA 203 Lowndes v The Queen (1999) 195 CLR 665 Sherratt v The Queen [2000] WASCA 112 Veen v The Queen (No 2) (1988) 164 CLR 465 Celetano v The Queen, unreported; CCA SCt of WA; Library No 960150; 21 March 1996 Inge v The Queen (1999) 199 CLR 295 Kenneally v The Queen, unreported; CCA SCt of WA; Library No 980284; 27 May 1998 Oldham v The Queen [1999] WASCA 304 Paparone v The Queen [2000] WASCA 127 R v Bell (1992) 62 A Crim R 66 R v Dalgety [2000] WASCA 10 Radalj v The Queen, unreported; CCA SCt of WA; Library No 970059; 20 February 1997 Ratcliff v The Queen, unreported; CCA SCt of WA; Library No 980651; 3 November 1998 Wicks v The Queen (1989) 3 WAR 372 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : THOMPSETT -v- THE QUEEN [2001] WASCA 8 CORAM : KENNEDY J
- MURRAY J
PARKER J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Murder - Sentence of life imprisonment with minimum term of 11 years - Applicant having history of substance abuse - Claims of schizophrenia and attention deficit disorder not supported - Applicant mildly intellectually handicapped - Deprived background - Minimum term upheld
Legislation:
Nil
(Page 2)
Result:
Application for leave to appeal against sentence dismissed
Representation:
Counsel:
Applicant : Mr R E Lindsay
Respondent : Mr R E Cock QC
Solicitors:
Applicant : Robert Lindsay
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Channon v The Queen (1978) 20 ALR 1
Lauritsen v The Queen [2000] WASCA 203
Lowndes v The Queen (1999) 195 CLR 665
Sherratt v The Queen [2000] WASCA 112
Veen v The Queen (No 2) (1988) 164 CLR 465
Case(s) also cited:
Celetano v The Queen, unreported; CCA SCt of WA; Library No 960150; 21 March 1996
Inge v The Queen (1999) 199 CLR 295
Kenneally v The Queen, unreported; CCA SCt of WA; Library No 980284; 27 May 1998
Oldham v The Queen [1999] WASCA 304
Paparone v The Queen…
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- Thompsett v The Queen [2001] WASCA 8
- Case
- [2001] WASCA 8
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CaseChat Overview and Summary
The court considered the severity of the crime, the need for deterrence, and the personal circumstances of the applicant. In assessing the applicant's history of substance abuse and claims of mental health issues, the court found that these factors, while relevant, did not sufficiently mitigate the gravity of the crime committed. The court found that the applicant's claims of schizophrenia and attention deficit disorder were not supported by the evidence. The court also acknowledged the applicant's intellectual disability and deprived background, but these factors were not deemed sufficient to warrant a significantly reduced non-parole period. The court held that the sentence was proportionate to the crime and the need to protect society, and therefore, the sentence was not manifestly excessive.
Consequently, the court dismissed the application for leave to appeal against the sentence. The court concluded that the sentence of life imprisonment with a non-parole period of 11 years was appropriate given the circumstances of the case. The court found no basis to reduce the non-parole period, affirming that the sentence was fair and just under the circumstances. The final orders were that the application for leave to appeal against sentence was dismissed.
Orders
Orders of the court
Application for leave to appeal against sentence 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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