Criminal law and procedure – Sentencing – Indefinite sentence imposed by trial judge – Presentence and psychological reports relied on by trial judge inadequately prepared – Appeal against indefinite sentence to Court of Criminal Appeal (WA) – Whether Court of Criminal Appeal erred in commissioning further psychological reports on appeal – Right of defendant to be fully heard where defendant being resentenced – Circumstances in which indefinite sentence should be imposed.
Appeal – Court of Criminal Appeal (WA) – Application for leave to appeal against sentence – Sentence included order of indefinite sentence – Defects in materials relied on by sentencing judge – Appellate court secures fresh psychological reports in course of disposing of grounds of appeal – Whether appellate procedure miscarried – Whether new reports only relevant to resentence of prisoner after appeal upheld and original sentence set aside.
Sentencing Act 1995 (WA), s 98.
Criminal Code (WA), s 697.