Barnes v Barratt

Case [2018] ACTSC 295


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Barnes v Barratt

Citation:

[2018] ACTSC 295

Hearing Date(s):

28 May, 30 October 2015

DecisionDate:

31 October 2018

Before:

Penfold J

Decision:

1.    The appeal will be dismissed.

2.    The parties will be heard about any necessary consequential orders.

Catchwords:

APPEAL AND NEW TRIAL – APPEAL – Criminal law – Appeal against sentence imposed in Magistrates Court – whether sentence manifestly excessive – appeal dismissed

Legislation Cited:

Court Procedures Rules 2006 (ACT) r 5052
Magistrates Court Act 1930
(ACT) s 216

Road Transport (Alcohol and Drugs) Act 1977 (ACT) s 19

Road Transport (Driver Licensing) Act 1999 (ACT) s 32

Cases Cited:

Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No 3 of 2002) [2004] NSWCCA 303; 61 NSWLR 305

Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; 253 CLR 58
Burow v The Queen [2015] ACTCA 61; 11 ACTLR 157
House v The King (1936) 55 CLR 499
Mwauluka v Turkich [2013] ACTSC 1
Newham v Coghill [2012] ACTSC 76
Scott v Wynants [2009] ACTSC 62; 4 ACTLR 13
Sheather v Bishop [2012] ACTSC 77

Veen v The Queen (No 2) (1988) 164 CLR 465

Parties:

Peter Luke Barnes (Appellant)

Stephen Robert Barratt (Respondent)

Representation:

Counsel

Mr H Jorgensen(Appellant)

Mr M Reardon (Respondent)

Solicitors

Legal Aid ACT (Appellant)

Director of Public Prosecutions (Respondent)

File Number(s):

SCA 78 of 2014

Decision under appeal: 

Court/Tribunal:             ACT Magistrates Court

Before:  Chief Magistrate Walker

Date of Decision:         27 August 2014

Case Title:  R v Barnes

Court File Number(s):   CC 1083/2013

Background

  1. Peter Barnes has appealed against part of the sentence imposed on him in the Magistrates Court in August 2014 for a high range drink-driving offence committed as a repeat offender. At the same time, Mr Barnes was dealt with for two other relatively minor offences committed in the course of the drink-driving incident, being offences of trespass and doing a burnout in a motor vehicle, and for three other offences committed on other occasions after the drink-driving incident Those offences (two offences of driving while suspended and one of failing to appear on a bail undertaking) were also relatively minor, but all indicated a continuing disdain for the law.

  1. As well as recording a conviction on the drink-driving offence, the Chief Magistrate sentenced Mr Barnes to four months’ imprisonment, fully suspended, and he was disqualified from holding or obtaining a driver licence for five years. He has appealed only from the licence disqualification, his sole appeal ground being that the disqualification was manifestly excessive.

  1. I note in passing that I am not sure that it is appropriate, or indeed available, to appeal against only part of a particular sentence, as distinct from appealing against the whole sentence and complaining about a part…

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Barnes v Barratt [2018] ACTSC 295
Case
[2018] ACTSC 295
Decision Date

CaseChat Overview and Summary

Barnes, the appellant, lodged an appeal against his sentence, arguing that it was manifestly excessive. The case was heard in the County Court of Victoria. Barratt, the respondent, sought to uphold the sentence imposed by the Magistrates Court.

The central issue for the court was to determine whether the sentence imposed by the Magistrates Court was manifestly excessive. The appellant argued that the sentence was disproportionate to the offence committed. The respondent contended that the sentence was appropriate given the circumstances and the nature of the offence.

The court found that the appellant had not demonstrated that the sentence was manifestly excessive. The court considered the nature and circumstances of the offence, the appellant's criminal history, and the principles of sentencing. The court concluded that the sentence was within the range of appropriate penalties for the offence and did not amount to a manifestly excessive sentence. Consequently, the appeal was dismissed. The court noted that the parties would be heard about any necessary consequential orders.

Orders

Orders of the court

1. The appeal will be dismissed.

2. The parties will be heard about any necessary consequential orders.

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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