Yates v R [2013] HCA 8: Sentencing and Intellectual Disability

Today the High Court allowed an appeal by a man with an intellectual disability from a decision of the Court of Criminal Appeal of the Supreme Court of Western Australia which upheld an order that he be detained in prison indefinitely in the case of Yates v R [2013] HCA 8.

The Facts

In March 1987, the applicant was convicted of one count of aggravated sexual assault and one count of deprivation of liberty.  He was sentenced to a maximum of seven years' imprisonment for those offences.  The sentencing judge made an order under s 662 of the Criminal Code (WA) directing that on the expiration of the term of his imprisonment the applicant should be detained "during the Governor's pleasure in a prison".  The applicant's term of imprisonment expired in June 1993 and he has remained in prison since that date pursuant to the s 662 order.

The Lower Court Appeal

In July 1987, a majority of the Court of Criminal Appeal dismissed an appeal from the making of the s 662 order, but reduced the maximum sentence to six years and three months to account for a period of pre-sentence custody.

The High Court Appeal

The High Court held that the evidence before the sentencing judge was not capable of supporting the making of a s 662 order for the applicant's indefinite detention and that the interests of justice required that leave to appeal be granted out of time.

Apply for a free trial to TimeBase's LawOne Service, a one stop shop for Australian Legislation at a cheaper price; One of the many services provided by TimeBase.