Hore v The QueenWichen v The QueenCitation:[2022] HCA 22Before:Keane, Gordon, Edelman, Steward, Gleeson JJDate:15 Jun 2022Case Number:A5/2022, A6/2022Read more
'Willing' in section 59(1a)(a) does not simply mean the converse of 'unwilling' in section 57(1); the Supreme Court must assess willingness to control sexual instincts without regard to the likely effect of licence conditions.
- Parties
- Applicant: Applicant; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 15 June 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Sentencing, Indefinite Detention, Release on Licence, Sexual Offences
Case Brief
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Interpretation of 'willing' in section 59(1a)(a) of the Sentencing Act 2017 (SA)
- 2 Whether 'willing' is the converse of 'unwilling' as defined in section 57(1)
- 3 Whether the Supreme Court must exclude the likely effect of licence conditions when assessing willingness to control sexual instincts
Ratio Decidendi
'Willing' in section 59(1a)(a) does not simply mean the converse of 'unwilling' in section 57(1); the Supreme Court must assess willingness to control sexual instincts without regard to the likely effect of licence conditions.
Court Disposition
Application dismissed
Full Case Text
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