SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Adams v Navaratnam |
Citation: | [2021] ACTSC 256 |
Hearing Date: | 27 September 2021 |
DecisionDate: | 8 October 2021 |
Before: | Loukas-Karlsson J |
Decision: | The appeal is dismissed. |
Catchwords: | APPEAL – CRIMINAL LAW – Appeal from the Magistrates Court – prosecution appeal – role of the prosecution at sentence – denial of procedural fairness – residual discretion – appeal dismissed |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) s 17 Director of Public Prosecutions Act 1990 (ACT) s 12 Road Transport (Alcohol and Drugs) Act 1977 (ACT) s 19 |
Cases Cited: | Barbaro v The Queen [2014] HCA 2; 254 CLR 58 Biddle v Gatherer [2021] ACTSC 236 Kioa v West [1985] HCA 81; 159 CLR 550 Kirby v Ali [2021] ACTSC 95 |
Texts Cited: | Judicial Commission of New South Wales, Sentencing Bench Book (Judicial Commission of New South Wales, September 2021) The prosecutor’s role in sentencing (2014) 26(6) JOB 47 |
Parties: | Bradley Lindsay Adams (Appellant) Rubaramesh Navaratnam (Respondent) |
Representation: | Counsel K Lee (Appellant) E Chen (Respondent) |
| Solicitors ACT Director of Public Prosecutions (Appellant) Legal Aid ACT (Respondent) | |
File Number: | SCA 25 of 2021 |
Decision under appeal: | Court: ACT Magistrates Court Before: Magistrate Cook Date of Decision: 2 July 2021 Case Title: Adams v Navaratnam Court File Number: CAN 1657/2021 |
LOUKAS-KARLSSON J:
Introduction
On 2 July 2021, Rubaramesh Navaratnam (the respondent) was sentenced by Magistrate Cook (the Magistrate) for an offence of driving with a prescribed concentration of alcohol in breath, being level three, contrary to s 19(1) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT). The…
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- AGLC
- Adams v Navaratnam [2021] ACTSC 256
- Case
- [2021] ACTSC 256
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CaseChat Overview and Summary
The court held that it is a fundamental principle of the justice system that all courts are obliged to accord procedural fairness to parties to a proceeding. The prosecution is as much entitled to natural justice as any other litigant. The court concluded that the Magistrate clearly erred in denying procedural fairness to the prosecution in this case. The concession as to error was properly made by the respondent.
The court held that it is well established that the onus is on the prosecution to persuade an appeal court to decline to exercise its residual discretion in favour of the offender. In this case, the appellant has established, and the respondent has correctly conceded, that there was an appealable error. It is clear that the primary purpose of a prosecution appeal is to lay down principles for the governance and guidance of the courts with the duty of sentencing convicted persons. In this case, the court has the discretion to refuse to intervene, even where error is established. It is appropriate to exercise that discretion not to intervene. It is therefore proper to dismiss the appeal.
The appeal is dismissed.
Orders
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Background
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Evidence
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Ratio Decidendi
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