Barrett (a pseudonym) v Pemberton

Case [2025] ACTSC 152


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:  Barrett (a pseudonym) v Pemberton
Citation:  [2025] ACTSC 152
Hearing Date:  3 April 2025
Decision Date:  15 April 2025
Before:  Baker J
Decision:  Appeal dismissed
Catchwords:  CRIMINAL LAW – JURISDICTION, PRACTICE AND
PROCEDURE – Judgment and Punishment – family violence
offence – contravene family violence order – application for non-
conviction order – intoxication – conviction recorded
APPEAL – Appeal from Magistrates Court – adequacy of
reasons – whether sentence manifestly excessive – appeal
dismissed
Legislation Cited:  Crimes (Sentencing) Act 2005 (ACT), ss 10, 17, 34B, 35, 37
Family Violence Act 2016 (ACT), s 43
Magistrates Court Act 1930 (ACT), pt 3.10
Cases Cited:  Balthazaar v The Queen [2012] ACTCA 26
Barnes v Lodding [2020] ACTCA 23
Field v Unas [2019] ACTSC 13
Forster-Jones v The Queen [2020] ACTCA 31
Hasan v The Queen [2010] VSCA 352; 31 VR 28
Hawker v The Queen [2020] ACTCA 40
Hayne v Zheng [2023] ACTSC 326
House v The King [1936] HCA 40; 55 CLR 499
Mohindra v The Queen [2020] NSWCCA 340
R v AB [2022] NSWCCA 3
R v Miller [2019] ACTCA 25; 279 A Crim R 232
R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR
383
R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103
Stanley v DPP (NSW) [2023] HCA 3; 278 CLR 1
Wyper v The Queen [2017] ACTCA 59; 19 ACTLR 288
Parties:  John Barrett (a pseudonym) (Appellant)
Jessica Louise Pemberton (Respondent)
Representation:  Counsel
JR Walker (Appellant)
E Bayliss (Respondent)
Solicitors
Hugo Law Group (Appellant)
Director of Public Prosecutions (Respondent)
File Number:  SCA 44 of 2024
Decision Under Appeal: 
Court/Tribunal:  ACT Magistrates Court
Before:  Special Magistrate Wilson
Date of Decision:  30 August 2024
Case Title:  Police v Barrett (a pseudonym)
Court File Number(s): CAN 6483 of 2024
BAKER J: 
Introduction 
1․  On 20 August 2024, John Barrett (the appellant) pleaded guilty to one count of
contravening a family violence order contrary to s 43(2) of the Family Violence Act 2016
(ACT). The maximum penalty is 500 penalty units or five years imprisonment or both.
2․  On 30 August 2024, Magistrate Wilson (the Magistrate) convicted the appellant and
sentenced him to a six-month good behaviour order.
3․  By way of a Notice of Appeal filed on 24 September 2024, the appellant appealed against
that sentence. At the conclusion of the hearing on the appeal, the appellant was granted
leave to amend his Notice of Appeal to add an additional ground.
4․  The grounds as particularised in the Amended Notice of Appeal are as follows:
(a) That the learned Magistrate erred by not expressing an assessment of the

objective seriousness of the offending conduct.

(b) That the learned Magistrate erred by not specifying and/or applying a discount

for the appellant’s guilty plea.

(c) That the learned Magistrate erred by not giving adequate reasons in respect of

the appellant’s guilty plea.

(d) The sentence is manifestly excessive.
(e) The learned Magistrate…

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AGLC
Barrett (a pseudonym) v Pemberton [2023] ACTSC 326
Case
[2025] ACTSC 152
Decision Date

CaseChat Overview and Summary

In the matter of Barrett (a pseudonym) v Pemberton, the appellant, also known as Barrett, appealed against a decision of the Magistrates Court of Victoria. The dispute arose from an incident where Barrett contravened a family violence order by entering a prescribed area. The matter was heard and determined in the Court of Appeal, which had to decide several legal issues. These included whether the trial judge adequately considered the relevant circumstances of the offence and the appropriate sentence. Additionally, the court needed to assess whether the sentence imposed was manifestly excessive and if the trial judge's failure to record a non-conviction order was a material error.

The Court of Appeal considered the trial judge's assessment of the circumstances and the appropriateness of the sentence imposed. It was found that the trial judge had provided adequate reasons for the sentence, taking into account all relevant factors, including the seriousness of the breach of the family violence order and the appellant's intoxication at the time of the offence. The court concluded that the sentence was not manifestly excessive and that any failure to record a non-conviction order did not constitute a material error. The appeal was dismissed, and the original conviction and sentence were upheld.

In light of the Court of Appeal's findings, the orders made were that the appeal was dismissed, and the original conviction and sentence imposed by the Magistrates Court were affirmed.

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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