Yates v. The Queen

Lower Court Judgment

29/07/1987 Supreme Court of Western Australia (Court of Criminal Appeal) (Burt CJ, Brinsden J, Smith J)

No media neutral citation

Catchwords

Criminal law – Sentencing – Detained during the Governor's pleasure – In 1987 Applicant was found guilty of one count of deprivation of liberty and one count of aggravated sexual assault upon a child under the age of 13 years – Applicant sentenced to seven years imprisonment on each count, to be served concurrently, followed by an indeterminate sentence imposed under s 662 of the Criminal Code (WA) – Section 662 of the Criminal Code (WA) empowered a court in certain circumstances to sentence a person to be detained during the Governor's pleasure – Whether it was open to sentence the applicant for an indeterminate period having regard to the applicant's antecedents, health and mental condition – Whether s 662 of the Criminal Code can be used for the purpose of manipulating the period of time which an offender must serve on parole following the expiration of a future term.

Short Particulars