Pendleton v The Queen

[2013] WASCA 289

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › First limb
5. › Whether total effective sentence bears proper relationship to overall criminality
6. › Relevance of prior completed sentence
7. › Crimes Act 1914 (Cth), s 50BA
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Relevance of continuing detention order under Dangerous Sexual Offenders Act 2006 (WA)
5. › Whether detention order is a sentence for past offending
6. › Dangerous Sexual Offenders Act 2006 (WA), s 17(1)(a)
1. Criminal Law
2. › Application for leave to appeal against sentence
3. › Conspiring to engage in sexual intercourse with person under age of 16 while outside Australia
4. › Crimes Act 1914 (Cth), s 50BA
5. › Criminal Code (Cth), s 11.5

Quick Take

A continuing detention order under s 17(1)(a) of the Dangerous Sexual Offenders Act 2006 (WA) is not a sentence for past offending and is irrelevant to the application of the totality principle in sentencing. Such an order is detention because the person poses an unacceptable risk of committing a serious sexual offence in the future.