Chester v The Queen [1988] HCA 62

Chester v The Queen [1988] HCA 62

The applicant's criminal record and the psychiatric evidence did not demonstrate that he posed a constant danger of violent injury to the community. Even assuming he suffered from chronic paranoid schizophrenia, that condition alone did not establish that he was a danger to society. Because s. 662(a) is reserved for very exceptional cases where cogent evidence shows a constant danger of further violent crimes, the direction for detention during the Governor's pleasure could not be sustained.

Jurisdiction
Australia
Procedural Posture
Criminal Sentencing Appeal Concerning Indeterminate Detention Under S. 662(a) of the Criminal Code W.a. / Application for Extension of Time and Special Leave to Appeal to the High Court From the Court of Criminal Appeal
Outcome
Extension of time granted, special leave granted, appeal allowed, the Court of Criminal Appeal's order dismissing the appeal against the s. 662(a) direction set aside, and the s. 662(a) direction set aside.
Legal Topics
['indeterminate Detention' 'preventive Detention' 'proportionality in Sentencing' 'protection of the Public' 'mental Condition of Offender']
['criminal Law' 'sentencing'] ['indeterminate Detention' 'preventive Detention' 'proportionality in Sentencing' 'protection of the Public' 'mental Condition of Offender']

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Procedural Posture

Criminal Sentencing Appeal Concerning Indeterminate Detention Under S. 662(a) of the Criminal Code W.a. / Application for Extension of Time and Special Leave to Appeal to the High Court From the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the power under s. 662(a) of the Criminal Code W.A. to direct detention during the Governor's pleasure may be exercised for propensity to commit serious non-violent crimes or only in very exceptional cases involving a constant danger of physical harm to the community." "Whether the applicant's antecedents, offence history and psychiatric evidence justified a direction that he be detained during the Governor's pleasure after expiry of his finite term of imprisonment." 'Whether, if the s. 662(a) direction was set aside, the finite term of imprisonment and minimum term should be reconsidered by the Court of Criminal Appeal.']

Ratio Decidendi

The applicant's criminal record and the psychiatric evidence did not demonstrate that he posed a constant danger of violent injury to the community. Even assuming he suffered from chronic paranoid schizophrenia, that condition alone did not establish that he was a danger to society. Because s. 662(a) is reserved for very exceptional cases where cogent evidence shows a constant danger of further violent crimes, the direction for detention during the Governor's pleasure could not be sustained.

Court Disposition

Extension of time granted, special leave granted, appeal allowed, the Court of Criminal Appeal's order dismissing the appeal against the s. 662(a) direction set aside, and the s. 662(a) direction set aside.

Orders

  • ['Application for an extension of time in which to apply for special leave to appeal granted.' 'Application for special leave to appeal granted.' 'Appeal allowed.' 'Set aside the order of the Court of Criminal Appeal dismissing the appeal against the direction by Smith J. under s. 662(a) of the Criminal Code W.A.'...