A v Ray

Case [2001] WASCA 340


"A" -v- RAY [2001] WASCA 340



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 340
Case No:SJA:1109/200111 OCTOBER 2001
Coram:HASLUCK J2/11/01
15Judgment Part:1 of 1
Result: Appeal allowed
B
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Parties:CHRISTOPHER ANDREW JACK
MATTHEW ROBERT RAY

Catchwords:

Criminal law
Sentencing
Stealing as a servant
Youthful offender
Property of little value
Whether spent conviction order appropriate
Turns on own facts

Legislation:

Criminal Code, s 378(7), s 426
Justices Act 1902, s 196, s 199
Sentencing Act 1995, s 6, s 39, s 45(1), s 76(3), s 87, s 89, s 93
Spent Convictions Act 1988

Case References:

Allen v Powell [2000] WASCA 65
Bacich v Illich [2000] WASCA 133
Bessell v The Queen, unreported; CCA SCt of WA; Library No 980199; 4 March 1998
Cunningham v Walsh [2000] WASCA 201
Dinsdale v The Queen (2000) 175 ALR 315
Etrelezis v The Queen [2001] WASCA 327
Griekspoor v Scott (2000) 23 WAR 530
Harling (1997) 94 A Crim R 437
Langridge v The Queen (1996) 17 WAR 346
Little v The Queen [2001] WASCA 87
Lowndes v The Queen (1999) 195 CLR 665
Mill v The Queen (1988) 166 CLR 59
Neale v Sloan (1997) 27 MVR 246
Nebro v Duxbury [2000] WASCA 171
Nevermann (1989) 43 A Crim R 347
Pennings v Maryan [2000] WASCA 172
Pledge v Davey [2000] WASCA 20
Quach v The Queen [1999] WASCA 210
R v Gallagher (1991) 23 NSWLR 220
R v Grein [1989] WAR 178
R v Holder & Johnston (1983) 13 A Crim R 375
R v Liddington (1997) 18 WAR 394
R v Tognini [2000] WASCA 31
Radebe v The Queen [2001] WASCA 254
Ratcliff v The Queen, unreported; CCA SCt of WA; Library No 980651; 3 November 1998
Rowlands v Caporn [2001] WASCA 66
Shooter v R (1997) A Crim R 581
Smith v "C" [2001] WASCA 262
Swain v R (1989) 41 A Crim R 214
Vlek v The Queen, unreported; CCA SCt of WA; Library No 990153; 29 March 1999
Walden v Hensler (1987) 163 CLR 561
Wangawol (1998) 101 A Crim R 350
Wilkinson (1996) 85 A Crim R 353

Furtak v Timmers [2001] WASCA 65
Game v Whitehead [2000] WASCA 50
Wilson v Crock [1999] WASCA 251

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : "A" -v- RAY [2001] WASCA 340 CORAM : HASLUCK J HEARD : 11 OCTOBER 2001 DELIVERED : 2 NOVEMBER 2001 FILE NO/S : SJA 1109 of 2001 BETWEEN : "A"
    Appellant

    AND

    MATTHEW ROBERT RAY
    Respondent



Catchwords:

Criminal law - Sentencing - Stealing as a servant - Youthful offender - Property of little value - Whether spent conviction order appropriate - Turns on own facts




Legislation:

Criminal Code, s 378(7), s 426


Justices Act 1902, s 196, s 199
Sentencing Act 1995, s 6, s 39, s 45(1), s 76(3), s 87, s 89, s 93
Spent Convictions Act 1988


Result:

Appeal…

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AGLC
A v Ray [2001] WASCA 340
Case
[2001] WASCA 340
Decision Date

CaseChat Overview and Summary

The case of A v Ray was heard by the Court of Appeal of the Supreme Court of Victoria. The appellant, A, appealed against a sentence imposed on him after being convicted of stealing while acting as a servant. The stolen property was of relatively minor value. The respondent, Ray, was the person who imposed the sentence. The primary issue before the court was whether the sentence was appropriate, with particular attention to the imposition of a spent conviction order.

The central legal issue was whether the sentence was appropriate in the circumstances of the case, particularly considering the appellant's age and the relatively minor value of the stolen property. The court was required to assess the proportionality and fairness of the sentence, taking into account the principles of sentencing for youthful offenders. Additionally, the court had to determine if the imposition of a spent conviction order was appropriate given the specific facts of the case.

The court found that the sentence imposed was not appropriate in light of the circumstances. The court noted that the appellant was a youthful offender and the stolen property was of little value. The court considered that a more lenient sentence would have been appropriate, taking into account the appellant's age and the minor nature of the theft. Furthermore, the court found that the imposition of a spent conviction order was not suitable given the facts of the case. The appeal was allowed based on these findings.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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