SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | AA v McDevitt |
Citation: | [2017] ACTSC 342 |
Hearing Date: | 27 October 2017 |
DecisionDate: | 27 October 2017 |
Before: | Murrell CJ |
Decision: | Appeal against conviction allowed. Appellant convicted of alternative count of recklessly inflicting actual bodily harm and sentenced to 9 months’ imprisonment. Appeal against individual sentences dismissed. Sentences restructured. Effective sentence of 32 months’ imprisonment, suspended after 16 months. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Appeal from ACT Childrens Court – appeal against conviction – offences against the person – meaning of grievous bodily harm – where injuries involved potential harm – appeals against total sentence and individual sentences – whether manifestly excessive – offences objectively serious |
Legislation Cited: | Crimes Act 1900 (ACT) ss 20, 23 Crimes (Sentencing) Act 2005 (ACT) ss 133D, 133E Magistrates Court Act 1930 (ACT) pt 3.10, ss 209, 218 |
Cases Cited: | Bugmy vthe Queen [2013] HCA 37; 249 CLR 571 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 |
Parties: | AA (Appellant) Jason McDevitt (Respondent) |
Representation: | Counsel Mr R Davies (Appellant) Ms R Christensen (Respondent) |
| Solicitors Legal Aid ACT (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number: | SCA 47 of 2017 |
Decision under appeal: | Court/Tribunal: ACT Childrens Court Before: Magistrate Fryar Date of Decision: 19 May 2017 Case Title: McDevitt v AA Court File Numbers: 810148, 810155, 810199 |
MURRELL CJ:
The appeal
On 28 March 2017, the Childrens Court found the appellant guilty of 13 offences committed in June 2016 against his then girlfriend. He seeks leave to appeal against the finding that he was guilty of the offence of recklessly inflicting grievous bodily harm contrary to s 20 of the Crimes Act 1900 (ACT) (Crimes Act) on the basis that the evidence did not support a finding of “grievous bodily harm”.
On 19 May 2017, the appellant was sentenced to an effective period of 35 months’ imprisonment from 30 June 2016 to be suspended after he had served 22 months in detention (29 April 2018) on entering into a conditional good behaviour order for two years. The appellant appealed against the sentences, claiming that four individual sentences (including that relating to the offence of recklessly inflicting grievous bodily harm, CH2016/601) were manifestly excessive and that the total sentence was manifestly excessive.
An appeal against findings in the Childrens Court is governed by Part 3.10 of the Magistrates Court Act 1930 (ACT) (MCA). Section 218 of the MCA provides that, on an appeal, a wide range of orders is available to the Supreme Court.
Application for leave to appeal
Section 209 of the MCA provides that an appeal must be instituted within 28 days of the conviction,…
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- AA v McDevitt [2017] ACTSC 342
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- [2017] ACTSC 342
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CaseChat Overview and Summary
The appeal centred on whether the grievous bodily harm charge was appropriate, the assessment of the seriousness of the offences, and the overall sentence. The appellant argued that the grievous bodily harm charge was not supported by the evidence, and that the individual sentences were excessive. The appellant also contended that the cumulative sentence was manifestly excessive, particularly in light of the appellant’s youth and the circumstances of the case.
The court found that the grievous bodily harm charge was not substantiated, as the injuries did not involve any permanent or serious temporary detriment to health. The court held that the offences were objectively serious, but the total sentence was manifestly excessive. The court allowed the appeal against conviction, convicting the appellant of recklessly inflicting actual bodily harm, and sentenced the appellant to 9 months’ imprisonment. The appeal against the individual sentences was dismissed, and the sentences were restructured, resulting in an effective sentence of 32 months’ imprisonment, suspended after 16 months.
Orders
Orders of the court
Appeal against conviction allowed. Appellant convicted of alternative count of recklessly inflicting actual bodily harm and sentenced to 9 months’ imprisonment. Appeal against individual sentences dismissed. Sentences restructured. Effective sentence of 32 months’ imprisonment, suspended after 16 months.
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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