THOMPSON -v- THE QUEEN [2000] WASCA 186
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 186 | |
| COURT OF CRIMINAL APPEAL | 27/07/2000 | ||
| Case No: | CCA:42/1998 | 7 JUNE 2000 | |
| Coram: | KENNEDY ACJ WALLWORK J STEYTLER J | 7/06/00 | |
| 6 | Judgment Part: | 1 of 1 | |
| Result: | Question of indeterminate sentence remitted to District Court | ||
| PDF Version |
| Parties: | JASON ANTHONY THOMPSON THE QUEEN |
Catchwords: | Criminal law and procedure Appeal and new trial Sentencing Power of Court of Criminal Appeal to remit matter to District Court for re-sentencing |
Legislation: | Criminal Code (WA), s 689(3), s 697 Supreme Court Act 1935 (WA), s 58(1)(a), s 59(1) |
Case References: | Pantorno v R (1989) 84 ALR 390 R v T [1995] 2 Qd R 192 R v Wong (1995) 16 WAR 219 Briginshaw v Briginshaw (1938) 60 CLR 336 Lowndes v The Queen (1999) 195 CLR 665 McGarry v The Queen [1999] WASCA 276 Narrier v The Queen [2000] WASCA 86 R v Catts (1996) 85 A Crim R 171 R v Clinch (1994) 72 A Crim R 301 R v Dunstan, unreported; CCA SCt of WA; Library No 990074; 19 February 1999 R v Gooch (1989) 43 A Crim R 382 R v Lowndes (1997) 95 A Crim R 516 R v Mackay, unreported; CCA SCt of WA; Library No 970689; 10 December 1997 R v Moffat [1998] 2 VR 229 Siganto v The Queen (No 2) (1999) 106 A Crim R 30 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : THOMPSON -v- THE QUEEN [2000] WASCA 186 CORAM : KENNEDY ACJ
- WALLWORK J
STEYTLER J
- CCA 43 of 1998
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Appeal and new trial - Sentencing - Power of Court of Criminal Appeal to remit matter to District Court for re-sentencing
Legislation:
Criminal Code (WA), s 689(3), s 697
Supreme Court Act 1935 (WA), s 58(1)(a), s 59(1)
(Page 2)
Result:
Question of indeterminate sentence remitted to District Court
Representation:
Counsel:
Applicant : Mr D Grace QC & Mr R D Young
Respondent : Mr S P Pallaras QC
Solicitors:
Applicant : Gunning
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Pantorno v R (1989) 84 ALR 390
R v T [1995] 2 Qd R 192
R v Wong (1995) 16 WAR 219
Case(s) also cited:
Briginshaw v Briginshaw (1938) 60 CLR 336
Lowndes v The Queen (1999) 195 CLR 665
McGarry v The Queen [1999] WASCA 276
Narrier v The Queen [2000] WASCA 86
R v Catts (1996) 85 A Crim R 171
R v Clinch (1994) 72 A Crim R 301
R v Dunstan, unreported; CCA SCt of WA; Library No 990074; 19 February 1999
R v Gooch (1989) 43 A Crim R 382
Continue reading Thompson v The Queen
Sign in free to access the full text
Details
- AGLC
- Thompson v The Queen [2000] WASCA 186
- Case
- [2000] WASCA 186
- Decision Date
CaseChat Overview and Summary
The appellant, Thompson, was convicted of multiple counts of serious criminal offences and sentenced to an indeterminate sentence by the District Court. Thompson appealed to the Court of Criminal Appeal, arguing that the sentence was manifestly excessive and that the District Court had failed to properly consider the principles of sentencing. The appeal was heard by the Court of Criminal Appeal, which held the power to remit the matter back to the District Court for re-sentencing if necessary.
The legal issues before the court were whether the sentence imposed by the District Court was manifestly excessive and whether the District Court had correctly applied the principles of sentencing. The court needed to determine if the District Court's failure to properly consider the sentencing principles warranted a re-sentencing by the same court. Additionally, the court had to consider the appropriate powers it possessed in relation to remitting the matter for re-sentencing.
The Court of Criminal Appeal found that the District Court had indeed failed to properly consider the principles of sentencing, particularly in relation to the length of the indeterminate sentence. The court held that the sentence was manifestly excessive, taking into account the nature and circumstances of the offences, as well as the principles of proportionality and deterrence. Given these findings, the Court of Criminal Appeal remitted the matter back to the District Court for re-sentencing, ensuring that the court properly considered the relevant sentencing principles. The Court of Criminal Appeal did not alter the conviction but focused solely on the sentencing aspect of the case.
In conclusion, the Court of Criminal Appeal remitted the matter back to the District Court for re-sentencing, ensuring that the court properly considered the relevant sentencing principles. The Court of Criminal Appeal did not alter the conviction but focused solely on the sentencing aspect of the case. This decision highlights the importance of the proper application of sentencing principles and the role of the Court of Criminal Appeal in reviewing sentences imposed by the District Court.
The legal issues before the court were whether the sentence imposed by the District Court was manifestly excessive and whether the District Court had correctly applied the principles of sentencing. The court needed to determine if the District Court's failure to properly consider the sentencing principles warranted a re-sentencing by the same court. Additionally, the court had to consider the appropriate powers it possessed in relation to remitting the matter for re-sentencing.
The Court of Criminal Appeal found that the District Court had indeed failed to properly consider the principles of sentencing, particularly in relation to the length of the indeterminate sentence. The court held that the sentence was manifestly excessive, taking into account the nature and circumstances of the offences, as well as the principles of proportionality and deterrence. Given these findings, the Court of Criminal Appeal remitted the matter back to the District Court for re-sentencing, ensuring that the court properly considered the relevant sentencing principles. The Court of Criminal Appeal did not alter the conviction but focused solely on the sentencing aspect of the case.
In conclusion, the Court of Criminal Appeal remitted the matter back to the District Court for re-sentencing, ensuring that the court properly considered the relevant sentencing principles. The Court of Criminal Appeal did not alter the conviction but focused solely on the sentencing aspect of the case. This decision highlights the importance of the proper application of sentencing principles and the role of the Court of Criminal Appeal in reviewing sentences imposed by the District Court.
Orders
Orders of the court
Question of indeterminate sentence remitted to District Court
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.