WEBB -v- THE QUEEN [2003] WASCA 266

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WASCA 266
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:36/2003	Heard:	1 OCTOBER 2003
Coram:	MALCOLM CJ STEYTLER J MILLER J	Delivered:	6/11/03
No of pages:	15	Judgment Part:	1 of 1
Result:	Application for leave to appeal dismissed
Category:	C
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Parties:	MARK ANDREW WEBB THE QUEEN
Catchwords:	Criminal law and procedure Sentencing Plea of guilty by applicant to seven counts of sexual offences Five counts of indecent dealing with a relative child under the age of 16 years who was his stepdaughter and two counts of sexual penetration Applicant assessed as of medium risk of re-offending Sentences within the range of a sound discretionary judgment
Legislation:	Criminal Code (WA), ss 329(2), 329(4), 329(9)(a), 329(10(a) Sentencing Act 1995 (WA), ss 6, 6(2), 6(3), 7, 7(1), 8, 8(2), 8(4)
Case References:	Cook v The Queen [2000] WASCA 78 Ginder (1987) 23 A Crim R 1 Pearce v The Queen (1998) 194 CLR 610 Trescuri v the Queen [1999] WASCA 172 Wong v The Queen (2001) 207 CLR 585 Woods v The Queen (1994) 14 WAR 341 "D" v The Queen [2003] WASCA 33 Cameron v The Queen (2002) 209 CLR 339 Gray v The Queen, unreported; CCA Sct of WA; Library No 940409; 5 August 1994 Little v The Queen [2000] WASCA 87 McCartan v The Queen, unreported; CCA Sct of WA; Library No 9500008; 13 January 1995

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : WEBB -v- THE QUEEN [2003] WASCA 266 CORAM : MALCOLM CJ

STEYTLER J

MILLER J

HEARD : 1 OCTOBER 2003 DELIVERED : 6 NOVEMBER 2003 FILE NO/S : CCA 36 of 2003 BETWEEN : MARK ANDREW WEBB

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal law and procedure - Sentencing - Plea of guilty by applicant to seven counts of sexual offences - Five counts of indecent dealing with a relative child under the age of 16 years who was his stepdaughter and two counts of sexual penetration - Applicant assessed as of medium risk of re-offending - Sentences within the range of a sound discretionary judgment

Legislation:

Criminal Code (WA), ss 329(2), 329(4), 329(9)(a), 329(10(a)

Sentencing Act 1995 (WA), ss 6, 6(2), 6(3), 7, 7(1), 8, 8(2), 8(4)

(Page 2)

Result:

Application for leave to appeal dismissed

Category: C

Representation:

Counsel:

Applicant : Ms L R Tovey

Respondent : Mr D Dempster

Solicitors:

Applicant : Friedman Lurie Singh

Respondent : State Director of Public Prosecutions

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

Cook v The Queen [2000] WASCA 78
Pearce v The Queen (1998) 194 CLR 610
R v Ginder (1987) 23 A Crim R 1
Trescuri v The Queen [1999] WASCA 172
Wong v The Queen (2001) 207 CLR 585
Woods v The Queen (1994) 14 WAR 341

Case(s) also cited:

"D" v The Queen [2003] WASCA 33
Cameron v The Queen (2002) 209 CLR 339
Gray v The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Webb v The Queen

Details

AGLC: Webb v The Queen [2003] WASCA 266
Case: [2003] WASCA 266
Decision Date: 6 NOVEMBER 2003

CaseChat Overview and Summary

The applicant, Webb, faced the High Court of Australia after a guilty plea to seven counts of sexual offences against his stepdaughter, who was under the age of 16. The crimes included five counts of indecent dealing and two counts of sexual penetration. The primary legal issue before the court was whether the sentences imposed were within the bounds of a sound discretionary judgment. The court had to consider the severity of the offences, the risk assessment of the applicant, and the appropriate sentencing principles to determine if the sentences were just and proportionate.

The High Court examined the sentencing principles and the criteria for assessing the risk of re-offending. The court noted that the applicant had been assessed as having a medium risk of re-offending. The severity of the crimes and the vulnerability of the victim were also critical factors in the sentencing process. The court concluded that the sentences imposed were within the range of a sound discretionary judgment, taking into account all relevant factors. The reasoning was based on the principle that each case must be assessed on its own merits, and the court found that the sentencing judge had appropriately exercised their discretion.

The court dismissed the application for leave to appeal, affirming the lower court's assessment and sentences. The reasoning was that the sentencing judge had appropriately considered the risk of re-offending, the severity of the offences, and the impact on the victim. The High Court found no basis to interfere with the sentencing decision. The final orders of the court were to dismiss the application for leave to appeal, thereby upholding the original sentences imposed by the lower court.

Orders

Orders of the court

Application for leave to 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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