McIntyre, Greg --- "R v Wicks (Wilful murder charge - manslaughter verdict - sentence of 13 years and 6 months)" [1989] AboriginalLawB 19; (1989) 1(37) Aboriginal Law Bulletin 14

• R V Wicks
• Wilful Murder Charge-Manslaughter Verdict-Sentence Of 13 Years And 6 Months

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R v Wicks

Wilful murder charge - manslaughter verdict - sentence of 13 years and 6 months

R v Wicks

Supreme Court, Seaman J

Casenote by Greg McIntyre

A killing of "an appallingly violent nature "

(Seaman J).

Patrick Sampi, an Aborigine of Broome, was killed by a cut to the throat. He also suffered two knife stab wounds to the chest, a fractured jaw, 2 broken teeth, abrasions to the head and face, 2 fractured ribs, and multiple internal injuries including a torn heart wall consistent with being jumped on while lying on his back. Wicks confessed to killing Sampi by hitting him on the head with a piece of concrete and stabbing him with a knife. The jury, in coming to its verdict, is presumed to have considered whether the accused had been provoked by earlier incidents of an Aboriginal person tampering with his car (Sampi was seen sitting in the car of Dyson, an associate of the accused, when the car was inside the staff parking lot of the Continental Hotel), and whether the killing occurred in a drunken frenzy.

The sentencing judge took into account

1. Community expectations of punishment
2. Past good character of the accused
3. Drunkenness and excitability of the accused
4. Partial custody of 10 months.

He described the killing as a "dreadful crime".

Dyson was also charged with wilful murder on the basis of evidence given by a third person who was affected by marijuana at the time he was told by Dyson that he and Wicks had planned to kill Sampi to prevent him from identifying them as the ones who had assualted him. Wicks confessed to the plan to police, but both defendants denied it at trial and the jury was directed that Wick's confession could not be used against Dyson. There are three legal reforms which could be considered as a consequence of the Sampi case. Firstly, amendments to the Criminal Code allowing the Crown the same right of appeal as the defence where a verdict is unreasonable. Secondly, allowing a representative to appear berore the Court on behalf of a victim or the family of a victim in relation to sentencing. Thirdly, an expansion of the districts from which juries are chosen to include areas outside the major townsites. The Crown presently only has rights of appeal against sentence and errors of law made by a Judge in directing a jury. The jury system as far as it extends is based on three systems of random choice and generally reflects the town communities in reasonable proportions. However, there are large numbers of Aboriginal people in communities outside the towns where courts sit who are not taken into account when looking at the jury pool.

In order to expand the number of Aboriginal people on juries and to ensure that they have adequate understanding of their role and a capacity to participate properly and fully in the jury process it would be desirable to set up a Community Legal Education and Interpreter Service. That service could be set up as a branch of the Aboriginal Legal Service.

If people from outside the towns were to be involved in juries then suitable accomodation arrangements would have to be made. For further information contact:

Greg McIntyre - Principal Legal Officer
Aboriginal Legal Service
Western Australia
(091) 92 1189 Broome