Newland v The Queen

[2018] WASCA 124

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sexual offences
3. › Aggravated sexual penetration
4. › Definition of 'sexual penetration'
5. › Whether fellatio performed by accused on complainant fell within s 324F(c)
6. › Criminal Code (WA), ss 324E, 324F (repealed)
1. Criminal Law
2. › Appeal against conviction
3. › Extension of time to appeal
4. › Pleas of guilty
5. › Whether appellant could in law on admitted facts have been guilty of offences charged
6. › Criminal Appeals Act 2004 (WA), s 30(5)
1. Criminal Law
2. › Appeal against conviction
3. › Power to substitute alternative offence
4. › Whether power under s 30(5) available where conviction entered on plea of guilty
5. › Criminal Appeals Act 2004 (WA), s 30(5)
1. Criminal Law
2. › Sentencing
3. › Indefinite detention
4. › Detention during Governor's pleasure
5. › Whether evidence capable of demonstrating constant danger to community
6. › Whether order made for impermissible purpose
7. › Criminal Code (WA), s 662(a) (repealed)

Quick Take

The power under s 30(5) of the Criminal Appeals Act 2004 (WA) to substitute a conviction for an alternative offence is available only where the original conviction followed a trial, not a plea of guilty. An indefinite detention order under s 662(a) of the Criminal Code (WA) cannot be made for the purpose of deferring the question of release, incentivising treatment, or avoiding a longer finite sentence.