Yates v. The Queen
Case No.
P21/2012
Case Information
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.
Documents
20/06/2012 Application for special leave to appeal
16/11/2012 Hearing (SLA, Canberra by v/link to Perth)
21/12/2012 Written submissions (Applicant)
21/12/2012 Chronology
11/01/2013 Written submissions (Respondent)
25/01/2013 Reply
13/02/2013 Hearing (Full Court, Canberra)
14/03/2013 Judgment (Judgment summary)