Court of Criminal Appeal Citation : Adams v The Queen

[2003] WASCA 91

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Extortion
5. › Whether sentencing judge gave sufficient weight to offender's role as mother of young children
6. › Whether sentence manifestly excessive
7. › Criminal Code (WA), s 397(1)
8. › Sentencing Act 1995 (WA), ss 6, 39, 76(1), 89(5)
1. Criminal Law
2. › Sentence
3. › Mitigating factors
4. › Deprivation of child's parental care
5. › Whether exceptional circumstances warranting suspension of sentence
6. › Offender pregnant and with young children
7. › Sentencing Act 1995 (WA), s 39
1. Criminal Law
2. › Sentence
3. › Cumulative and concurrent sentences
4. › Whether offences formed continuing course of conduct
5. › Discrete transactions
6. › Totality principle

Quick Take

Deprivation of a child's parental care, particularly where the offender is the mother of a child under 12 months of age, is a factor that may justify reduction of sentence even for serious offences of extortion, but does not warrant suspension of the sentence where the offences are at a higher level of seriousness. The totality principle may be applied to reduce individual cumulative sentences to afford the offender a prospect of parole release before separation from an infant child.