Voges v King

[2001] WASCA 201

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Spent conviction order
4. › Discretionary refusal
5. › Whether magistrate erred in refusing spent conviction order for firearms offences
6. › Whether offences too serious notwithstanding good character and unlikelihood of reoffending
7. › Sentencing Act 1995 (WA), s 45
1. Appeal
2. › Criminal appeal
3. › Appeal against sentence
4. › Discretionary sentencing decision
5. › Principles governing appellate review of sentencing discretion
6. › House v The King principles
7. › Whether appellate court may substitute its own opinion

Quick Take

Satisfaction of the preconditions in s 45 of the Sentencing Act 1995 (WA) — unlikelihood of reoffending and good character — does not require a magistrate to make a spent conviction order. The seriousness of firearms offences in the context of community safety may justify refusal of a spent conviction order even where the maximum penalties are relatively low and the offender's personal circumstances are sympathetic.

Case Details

Citation[2001] WASCA 201

CourtWASCA

JurisdictionWestern Australia

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 1 later case that cites this judgment.

Cited by1

2001Canale v BayensWASCA 383

Relies on7

2001Furtak v TimmersWASCA 65
2000R v Tognini & McGuireWASCA 31
2000Pillage v CoyneWASCA 135
1999Lowndes v RHCA 29
and 3 more after sign-in

Create free account

Already have an account? Sign in