"W" (A CHILD) -v- R [1999] WASCA 235
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [1999] WASCA 235 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:98/1999 | 5 OCTOBER 1999 | |
| Coram: | KENNEDY J PIDGEON J MURRAY J | 5/11/99 | |
| 22 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted Appeal dismissed | ||
| PDF Version |
| Parties: | "W" (A CHILD) THE QUEEN |
Catchwords: | Criminal law and procedure Sentencing Burglary, stealing a motor vehicle, stealing from the person, attempted armed robbery in company with actual violence, robbery in company with actual violence Juvenile offender 15 at time of offences Offences all committed on same day Voluntary surrender to police No significant prior record Sentence of 3-1/2 years' detention upheld |
Legislation: | Young Offenders Act 1994, s 7 |
Case References: | Holland v R [1999] WASCA 43 Jarvis v R (1993) 20 WAR 201 Kilner v R [1999] WASCA 189 Lowndes v The Queen [1999] HCA 11; (1999) 73 ALJR 1007 Pearce v R (1998) 72 ALJR 1416 R v Griffiths [1999] WASCA 23 R v Jones [1984] WAR 175 R v Piercey [1971] VR 647 Scott v R, unreported; CCA SCt of WA; Library No 990004; 15 January 1999 Smedley v R, unreported; CCA SCt of WA; Library No 990146; 23 March 1999 Verschuren v R (1996) 17 WAR 467 BAC (A Child) v R, unreported; CCA SCt of WA; Library No 950510; 25 September 1995 Dao v R, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 House v R (1936) 55 CLR 499 M (A Child) v R [1999] WASCA 111 R v Chan (1989) 38 A Crim R 337 R v Ruane (1979) 1 A Crim R 284 R v Shaw (1989) 39 A Crim R 343 R v Ward [1999] WASCA 157 Smedley v R, unreported; CCA SCt of WA; Library No 990146; 23 March 1999 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : "W" (A CHILD) -v- R [1999] WASCA 235 CORAM : KENNEDY J
- PIDGEON J
MURRAY J
- Applicant
AND
THE QUEEN
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Burglary, stealing a motor vehicle, stealing from the person, attempted armed robbery in company with actual violence, robbery in company with actual violence - Juvenile offender - 15 at time of offences - Offences all committed on same day - Voluntary surrender to police - No significant prior record - Sentence of 3-1/2 years' detention upheld
Legislation:
Young Offenders Act 1994, s 7
Result:
Leave to appeal granted
(Page 2)
Appeal dismissed
Representation:
Counsel:
Applicant : Mr M R Hall
Respondent : Mr R E Cock QC
Solicitors:
Applicant : Bayly & O'Brien
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Holland v R [1999] WASCA 43
Jarvis v R (1993) 20 WAR 201
Kilner…
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Details
- AGLC
- "W" (A Child) v The Queen [1999] WASCA 235
- Case
- [1999] WASCA 235
- Decision Date
CaseChat Overview and Summary
The case before the court was an appeal by a juvenile offender against the severity of their sentence for a series of serious offences. The appellant, referred to as "W" due to their status as a child, was 15 years old at the time of committing the offences of burglary, stealing a motor vehicle, stealing from the person, attempted armed robbery in company with actual violence, and robbery in company with actual violence. These offences all occurred on the same day. W voluntarily surrendered to the police and had no significant prior criminal record. The original sentence imposed was 3-1/2 years' detention.
The legal issues for the court to decide were whether the sentence was excessive, given W's age, the nature of the offences, and the fact that W had voluntarily surrendered to police. The court also needed to consider the precedents set by other cases involving similar offences and the sentencing principles applicable to juvenile offenders. It was necessary to balance the need for deterrence and retribution with the rehabilitative potential for a young offender with no prior criminal record.
In delivering the judgment, the court found that the sentence was proportionate to the gravity of the offences committed. The court emphasised the seriousness of the crimes, which involved violence and multiple victims, and noted that W had committed these offences on the same day. The court also considered the appellant's age and voluntary surrender, but determined these factors did not warrant a significantly reduced sentence. The appeal was dismissed, and leave to appeal was granted, allowing the case to proceed to a higher court if W wished to continue the appeal process.
The legal issues for the court to decide were whether the sentence was excessive, given W's age, the nature of the offences, and the fact that W had voluntarily surrendered to police. The court also needed to consider the precedents set by other cases involving similar offences and the sentencing principles applicable to juvenile offenders. It was necessary to balance the need for deterrence and retribution with the rehabilitative potential for a young offender with no prior criminal record.
In delivering the judgment, the court found that the sentence was proportionate to the gravity of the offences committed. The court emphasised the seriousness of the crimes, which involved violence and multiple victims, and noted that W had committed these offences on the same day. The court also considered the appellant's age and voluntary surrender, but determined these factors did not warrant a significantly reduced sentence. The appeal was dismissed, and leave to appeal was granted, allowing the case to proceed to a higher court if W wished to continue the appeal process.
Orders
Orders of the court
Leave to appeal 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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