Higgins v Worthington

[2003] WASCA 19

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Spent conviction orders
4. › Discretion to grant
5. › Whether magistrate erred in refusing spent conviction order
6. › Public interest in convictions remaining on record
7. › Assault of police officer
8. › Sentencing Act 1995 (WA), s 39(2), s 45
1. Appeal
2. › Appeal against sentence
3. › Appellate review of sentencing discretion
4. › Whether material error of fact or law discerned
5. › House v The King principles
6. › Justices Act 1902 (WA)

Quick Take

Satisfaction of the first two statutory criteria under s 45(1) of the Sentencing Act 1995 (WA) — unlikelihood of reoffending and previous good character — does not entitle an offender to a spent conviction order. The public interest in prospective employers having access to the fact of conviction for assault of a police officer and resisting arrest, particularly in the mining industry, may outweigh the offender's personal circumstances. The power to make a spent conviction order should only be exercised sparingly in a clear case.