Ward v The Queen

Case [2000] WASCA 413


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   COURT OF CRIMINAL APPEAL

CITATION:   WARD -v- THE QUEEN [2000] WASCA 413

CORAM:   KENNEDY J

PIDGEON J
WALLWORK J
SCOTT J
WHEELER J

HEARD:   3 MAY 2000

DELIVERED          :   20 DECEMBER 2000

FILE NO/S:   CCA 245 of 1999

CCA 246 of 1999

BETWEEN:   PAUL EDWARD MARTIN WARD

Applicant

AND

THE QUEEN
Respondent

Catchwords:

Criminal law and procedure - Insanity - Directions to jury when insanity in issue - Whether issue of insanity should be considered by jury before issue of intent

Criminal law and procedure - Sentencing - Murder - Direction that applicant serve minimum term of 12 years before becoming eligible for parole - Applicant presenting significant risk of re-offending - Minimum term not excessive

Legislation:

Criminal Code, s 2, s 26, s 27, s 653

Criminal Law (Mentally Impaired Defendants) Act 1996, s 21

Result:

Appeal against conviction dismissed
Leave to appeal against sentence granted
Appeal against sentence dismissed

Representation:

Counsel:

Applicant:     Mr R E Lindsay & Mr S Senaratne

Respondent:     Mr D Dempster

Solicitors:

Applicant:     Legal Aid Commission

Respondent:     State Director of Public Prosecutions

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

Garrett v The Queen [1999] WASCA 169

Hawkins v The Queen (1994) 179 CLR 500

Nolan v The Queen, unreported; CCA SCt of WA; Library No 970260; 22 May 1997

Perkins v R [1983] WAR 184

R v Falconer (1990) 171 CLR 30

R v Porter (1936) 55 CLR 182

Sodeman v R (1936) 55 CLR 192

Stapleton v R [1952] 86 CLR 358

Veen v The Queen [No 2] (1987-1988) 164 CLR 465

Wilgoss v R (1960) 105 CLR 295

Woolmington v DPP [1935] AC 462

Case(s) also cited:

Lowndes v The Queen (1999) 195 CLR 665

R v Pantelic (1973) 21 FLR 253

  1. KENNEDY J:  The facts in this case are set out in other judgments, and it is not necessary for me to repeat them.  It is sufficient for the present purposes to indicate that the jury found the applicant not guilty of wilful murder, but guilty of murder.  It had been conceded by the applicant that he had killed the deceased.  He claimed, however, that he was of unsound mind at the time of the killing.  The issue for determination in relation to the applicant's appeal against his conviction is whether the learned Chief Justice correctly directed the jury that, once they were satisfied beyond reasonable doubt that the accused had killed the deceased, they should then consider whether, when the accused did the act which caused the death of the deceased, he was not criminally responsible for that act by reason of insanity, and that the defence of insanity should be considered by them before they considered what was the accused's specific intention at the material time.

  2. The history of the law of insanity in relation to the criminal law was discussed by Sir Owen Dixon in his well known paper, "A Legacy of Hadfield", M'Naghten and Maclean (1957)…

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AGLC
Ward v The Queen [2000] WASCA 413
Case
[2000] WASCA 413
Decision Date

CaseChat Overview and Summary

The case before the court involved an appeal against the sentence of a person convicted of murder. The appellant, Ward, had killed a person in circumstances that led to a murder conviction. The primary issue for the court was the adequacy of the directions given to the jury regarding the consideration of the insanity defence and the appropriateness of the minimum term imposed for parole eligibility. The court was tasked with determining whether the jury should consider the insanity defence before addressing the issue of intent and whether the minimum term imposed was excessive.

The court examined whether the trial judge erred in directing the jury to consider the insanity defence before addressing intent. The court held that the trial judge did not err in this regard, as the insanity defence was properly framed and considered by the jury. The court also considered the imposition of a minimum term of 12 years before parole eligibility, which was based on the significant risk of re-offending presented by the appellant. The court found that the minimum term was not excessive, taking into account the gravity of the offence and the risk of re-offending.

In conclusion, the court upheld the conviction and sentence, finding that the trial judge's directions to the jury were appropriate and that the minimum term imposed was not excessive. The court rejected the appeal and affirmed the original judgment and sentence.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

PIDGEON J

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Ratio Decidendi

Legal Principle Established

Established by: PIDGEON J

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