Barnes v Lodding

Case [2020] ACTCA 23


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Barnes v Lodding

Citation:

[2020] ACTCA 23

Hearing Date:

5 May 2020

DecisionDate:

5 May 2020

ReasonsDate:

11 May 2020

Before:

Murrell CJ, Mossop J and Crowe AJ

Decision:

Appeal dismissed.

Catchwords:

APPEAL – CRIMINAL LAW – Appeal from Magistrates Court appeal – Resentence – Whether primary judge erred in finding specific error by Magistrate – Residual discretion

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT) ss 10, 33

Criminal Appeal Act 1912 (NSW) s 5D
Criminal Code 2002 (ACT) s 603(7)
Supreme Court Act 1933 (ACT) ss 37E(2)(a), 37O

Cases Cited:

Barnes v Lodding [2019] ACTMC 24

Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Carpenter v Purcell [2008] ACTSC 34
Chin-Charles v The Queen [2019] EWCA Crim 1140
Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Field v Unas [2019] ACTSC 13
Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462
House v The King (1936) 55 CLR 499
Lodding v Barnes [2019] ACTSC 335
Lowndes v The Queen [1999] HCA 29; 195 CLR 665
R v Brown [2019] ACTSC 59
R v Major [2016] ACTSC 161
R v Nicholas; R v Palmer [2019] ACTCA 36

R v UG [2020] ACTCA 8

Parties:

Wayde Barnes (Appellant)

Robert John Lodding (Respondent)

Representation:

Counsel

K Lee (Appellant)

R Thomas (Respondent)

Solicitors

ACT Director of Public Prosecutions (Appellant)

Fitzgerald Naylor (Respondent)

File Number(s):

ACTCA 54 of 2019

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Ashford AJ

Date of Decision:          26 November 2019

Case Title:  Lodding v Barnes

Citation: [2019] ACTSC 335

THE COURT

Introduction

  1. On 5 May 2020, we dismissed the appellant’s appeal to the Court of Appeal and stated that reasons would be delivered later. These are our reasons.

  1. On 11 December 2018, police executed search warrants at the respondent’s premises. During the search, the respondent admitted to police that there were amphetamines inside the premises. He said that all the drugs on the premises belonged to him, referred to his worsening drug addiction, and said that he sold drugs to support his drug habit. Police located 114.169 grams of 76.5 per cent pure methylamphetamine (worth about $10,000), a set of digital scales, cutting agents, and small clipseal bags.

  1. On the fifth mention in the Magistrates Court, the respondent pleaded guilty to the offence that, on 11 December 2018, he trafficked in a controlled drug other than cannabis (methylamphetamine), contrary to s 603(7) of the Criminal Code 2002 (ACT). The trafficable quantity of methylamphetamine is 6 grams. The maximum penalty for the offence is 10 years’ imprisonment, a fine of $160,000, or both.

  1. On 23 July 2019, Magistrate Stewart (the Magistrate) sentenced the respondent to 15 months’ imprisonment from 23 July 2019 to 21 October 2020, with a nonparole period of 10 months’ imprisonment, expiring on 21 May 2020.

  1. The respondent appealed to the Supreme Court on the grounds that the Magistrate had…

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Barnes v Lodding [2020] ACTCA 23
Case
[2020] ACTCA 23
Decision Date

CaseChat Overview and Summary

The appeal concerned a resentence imposed by a judge of the Supreme Court following an appeal from a decision of the Magistrates Court. The parties involved were the appellant, Barnes, and the respondent, Lodding. The core of the dispute revolved around whether the primary judge had erred in finding a specific error in the Magistrate's original sentencing decision.

The central legal issue before the Supreme Court was whether the primary judge had correctly exercised their residual discretion in resentencing the appellant. This required the Court to determine if the primary judge's finding of a specific error by the Magistrate was sound, and consequently, whether the subsequent resentence was justified.

The Court considered the principles governing appeals from sentencing decisions and the scope of a judge's residual discretion in such matters. It was held that the primary judge had not erred in their assessment of the Magistrate's sentencing error. The Court found that the Magistrate's original sentence did not adequately reflect the seriousness of the offending conduct, and therefore, the primary judge was entitled to intervene and impose a more appropriate sentence.

The appeal was accordingly dismissed.

Orders

Orders of the court

Appeal dismissed.

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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