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Bates v Wheatley

Bates v Wheatley

Case [2000] WASCA 38 18 January 2000

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BATES -v- WHEATLEY [2000] WASCA 38

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2000] WASCA 38
Case No:	SJA:1193/1999	Heard:	18 JANUARY 2000
Coram:	TEMPLEMAN J	Delivered:	18/01/00
No of pages:	10	Judgment Part:	1 of 1
Result:	Appeal dismissed
PDF Version

Parties:	SONNY JAMES BATES WARREN SEAN WHEATLEY
Catchwords:	Criminal law Property offences Appeal from Magistrate Appeal against sentence imposed by Magistrate following guilty plea to offences arising from s 401(2) Criminal Code and s 66(13) Police Act Whether sentence imposed was so manifestly excessive as to suggest a mis-exercise of the Magistate's discretion Consideration of mitigating and aggravating circumstances Whether the Magistrate's failure to expressly refer to the plea of guilty in his reasons reflects a failure on his part to take it into account
Legislation:	Criminal Code, s 401(2) Police Act, s 66(13) Sentencing Act, s 8(2)
Case References:	Fisher v The Queen [1999] WASCA 122 Holland v R [1999 WASCA 43 Little v The Queen, unreported; CCA SCt of WA; Library No 970041; 3 February 1997 R v Thompson, unreported; CCA SCt of WA; Library No 940311; 21 June 1994 Australian Coal & Shale Employees Union v Commonwealth (1953) 94 CLR 621 Cheshire v R, unreported; CCA SCt of WA; Library No 7924; 7 November 1989 Gallagher (1991) 23 NSWLR 220; 53 A Crim R 248 Heferen v R (1999) 106 A Crim R 89 House v The King (1936) 55 CLR 499 Miles v R (1997) 17 WAR 518 Nguyen v R; Tran v R [1999] WASCA 54 Pavlic (1995) 5 Tas R 186; 83 A Crim R 13 Pezzino v R (1997) 92 A Crim R 135 R v Doyle (1994) 71 A Crim R 360 R v Tait (1976) 46 FLR 386 Thorburn v R, unreported; CCA SCt of WA; Library No 7866; 27 September 1989 Veen v R (No 2) (1988) 164 CLR 465 Weng Keong Chan (1989) 38 A Crim R 337

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : BATES -v- WHEATLEY [2000] WASCA 38 CORAM : TEMPLEMAN J HEARD : 18 JANUARY 2000 DELIVERED : 18 JANUARY 2000 FILE NO/S : SJA 1193 of 1999 BETWEEN : SONNY JAMES BATES

Appellant

AND

WARREN SEAN WHEATLEY

Respondent

Catchwords:

Criminal law - Property offences - Appeal from Magistrate - Appeal against sentence imposed by Magistrate following guilty plea to offences arising from s 401(2) Criminal Code and s 66(13) Police Act - Whether sentence imposed was so manifestly excessive as to suggest a mis-exercise of the Magistate's discretion - Consideration of mitigating and aggravating circumstances - Whether the Magistrate's failure to expressly refer to the plea of guilty in his reasons reflects a failure on his part to take it into account

Legislation:

Criminal Code, s 401(2)

Police Act, s 66(13)
Sentencing Act, s 8(2)

(Page 2)

Result:

Appeal dismissed

Representation:

Counsel:

Appellant : Ms V E Williams

Respondent : Mr R E Cock QC

Solicitors:

Appellant : Aboriginal Legal Service

Respondent :…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bates v Wheatley

Details

AGLC: Bates v Wheatley [2000] WASCA 38
Case: [2000] WASCA 38
Decision Date: 18 JANUARY 2000

CaseChat Overview and Summary

In the matter of Bates v Wheatley, the appellant, Mr. Bates, appealed against the sentence imposed by a Magistrate following his conviction for offences under s 401(2) of the Criminal Code and s 66(13) of the Police Act. The dispute centred on whether the sentence was excessively high, reflecting a mis-exercise of the Magistrate's discretion. The court had to determine if the sentence was manifestly excessive, considering both mitigating and aggravating factors, and whether the Magistrate's failure to expressly refer to the plea of guilty in his reasons meant that the plea was not adequately considered.

The key legal issues involved evaluating the appropriate sentence for the given offences and whether the sentence imposed was within the bounds of judicial discretion. It was also necessary to assess whether the Magistrate failed to properly account for the plea of guilty in his sentencing decision. The appeal hinged on whether the sentence imposed was so disproportionate that it indicated a serious error in judicial process, and if the Magistrate's omission to reference the plea of guilty in his reasons indicated a disregard for this significant factor.

The court examined the Magistrate's sentencing decision, noting that while the sentence was severe, it was not so excessive as to constitute a manifest error. The court acknowledged the presence of both mitigating and aggravating circumstances but found that the Magistrate's overall assessment was reasonable. The omission of an express reference to the plea of guilty in the reasons did not, in the court's view, detract from the fairness or appropriateness of the sentence. Consequently, the appeal was dismissed as the sentence was not manifestly excessive and the court found no grounds to interfere with the Magistrate's exercise of discretion.

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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Actions

Citations

Bates v Wheatley [2000] WASCA 38

Most Recent Citation

Anderson v Heath [2005] WASC 253

Cases Citing This Decision

Scrivener v Papantaniou [2009] ACTSC 41
Citation 1 (Para 1)

…at her Honour did not take sufficient account of the pleas of guilty. Counsel for the Commonwealth DPP referred me to the case of Bates v Wheatley ([2000] WASCA 38 (18 January 2000)), a decision of a single judge of the WA Supreme Court, who found, where the sentencing Magistrate had imposed the maximum sentence a…
Bell v Wesley [2007] WASC 264
Citation 2 (Para 20)

…that the magistrate was aware that it was a plea of guilty and took it into account: Findlay v The State of Western Australia [32]; Bates v Wheatley [2000] WASCA 38 [33], [36]. It is also the case that it is only the fact that the sentence is to be reduced by reason of a mitigating factor which the magistrate is…
Moody v French [2007] WASC 190
Citation 3

…Bakdadi v O'Neill [2003] WASCA 267 Bates v Wheatley [2000] WASCA 38 Calway v Wiebe, unreported; SCt of WA; Library No 990001; 13 January 1999 Cameron v The Queen (2002) 209 CLR 339 Chivers v The State of Western Australia [2005] WASCA 97 Cooper v Yates [2005] WASC 34 Dearnley v Damon [2007] WASC 124 Eldridge v Bat…
McDonald v White [2007] WASC 138
Citation 4

…Anderson v Heath [2005] WASC 253 Angwin v The Queen, unreported; CCA Sct of WA; Library No 920028; 13 February 1992 Bates v Wheatley [2000] WASCA 38 Cameron v The Queen (2002) 209 CLR 339 Cardile v The Queen [2003] WASCA 72 Chinnery v Hansen [2001] WASCA 349 Chivers v The State of Western Australia [2005] WASCA 97…
Fullgrabe v The State of Western Australia [2006] WASCA 138
Citation 5

…Bates v Wheatley [2000] WASCA 38 Cameron v The Queen (2002) 209 CLR 339 H v The State of Western Australia [2006] WASCA 53 Jarvis v The Queen (1993) 20 WAR 201 Markarian v The Queen [2005] HCA 25; (2005) 215 ALR 213 Maroney v The State of Western Australia [2006] WASCA 130 McLean v The Queen [1999] WASCA 209 R v M…
Nancarrow v The State of Western Australia [2006] WASCA 238
Citation 6 (Para 6)

…Queen [1999] WASCA 209 at [23] ‑ [24]; Worthington v Western Australia (2005) 152 A Crim R 585 per Pullin JA at [40] ‑ [41] and Bates v Wheatley [2000] WASCA 38 per Templeman J at [29] ‑ [30]). There was, accordingly, no error of law in that respect - although for the reasons given by Martin CJ in Fullgrabe v The…
Anderson v Heath [2005] WASC 253
Citation 7

…lia [2005] WASCA 132 Auburn v Sears, unreported; SCt of WA; Library No 970508; 2 October 1997 Austin v Grapes & Ors [2004] WASCA 102 Bates v Wheatley [2000] WASCA 38 Calway v Wiebe, unreported; SCt of WA; Library No 990001; 13 January 1999 Chinnery v hansen [2001] WASCA 349 Dragic v Burrows [2000] WASCA 385 Fernan…
Stapleton v The Queen [2004] WASCA 130
Citation 8

…Aconi v The Queen [2001] WASCA 211 Atholwood v R [1999] WASCA 256; (1999) 109 A Crim R 465 Bates v Wheatley [2000] WASCA 38 Cameron v The Queen [2000] WASCA 286 Cameron v The Queen [2002] HCA 6; (2002) 209 CLR 339 Cardile v The Queen [2003] WASCA 72 Collier v The Queen [2001] WASCA 69 De Luce v R, unreported; CCA…
Parkinson v Prout [2003] WASCA 320
Citation 9

…Bates v Wheatley [2000] WASCA 38 Danielle v Shire of Swan, unreported; SCt of WA; Library No 960513; 13 September 1996 Dempster v National Companies and Securities Commission (1993) 9 WAR 215 Jag Demolition Pty Ltd v Graham David Partridge [2002] WASCA 272 Kwa v City of Stirling, unreported; SCt of WA; Library No…
Richardson v Mulhall [2003] WASCA 283
Citation 10

…90164; 31 March 1999 Johnson v Hater [2001] WASCA 118 Ravi-Pinto v Power, unreported; SCt of WA; Library No 930647; 26 November 1993 Bates v Wheatley [2000] WASCA 38 Cameron v The Queen (2002) 209 CLR 339 Canale v Bayens [2001] WASCA 383 Cinanni v Commissioner of Police (WA) (1993) 18 MVR 327 Cranssen v The Queen…
Smith v Cleal [2001] WASCA 188
Citation 11

…Bates v Wheatley [2000] WASCA 38 Cox v Whitehead & Ors [1999] WASCA 277 H v The Queen (1995) 81 A Crim R 88 Holland v The Queen [1999] WASCA 43 House v The King (1936) 55 CLR 499 Langridge v The Queen (1996) 17 WAR 346 Taylor v Fairman [2000] WASCA 121 Bailey v Fox, unreported; CCA SCt of WA; Library No 980528; 4…
Rowlands v Caporn [2001] WASCA 66
Citation 12 (Para 15)

…to the error said to arise from his Worship's failure to specifically mention the appellant's plea of guilty, Mr Karstaedt refers to Bates v Wheatley [2000] WASCA 38 at [28] to [36] in which Templeman J considered the decision of the Full Court in Holland v The Queen [1999] WASCA 43, in which Kennedy J held: "In t…
Hayward v The Queen [2000] WASCA 237
Citation 13

…Bates v Wheatley [2000] WASCA 38 Jarvis v R (1993) 20 WAR 201 Little v R, unreported; CCA SCt of WA; Library No 970041; 3 February 1997 R v Thompson, unreported; CCA SCt of WA; Library No 940311; 21 June 1994…

See all citing cases →

Cases Cited

R v Miles [2016] NZHC 611
Citation 1

…7924; 7 November 1989 Gallagher (1991) 23 NSWLR 220; 53 A Crim R 248 Heferen v R (1999) 106 A Crim R 89 House v The King (1936) 55 CLR 499 Miles v R (1997) 17 WAR 518 Nguyen v R; Tran v R [1999] WASCA 54 Pavlic (1995) 5 Tas R 186; 83 A Crim R 13 Pezzino v R (1997) 92 A Crim R 135 R v Doyle (1994) 71 A Crim R 360 R…
R v Gallagher [2013] NSWSC 1102
Citation 2

…ian Coal & Shale Employees Union v Commonwealth (1953) 94 CLR 621 Cheshire v R, unreported; CCA SCt of WA; Library No 7924; 7 November 1989 Gallagher (1991) 23 NSWLR 220; 53 A Crim R 248 Heferen v R (1999) 106 A Crim R 89 House v The King (1936) 55 CLR 499 Miles v R (1997) 17 WAR 518 Nguyen v R; Tran v R [1999] WASCA…
Fisher v The Queen [1999] WASCA 122
Citation 3

…Fisher v The Queen [1999] WASCA 122 Holland v R [1999 WASCA 43 Little v The Queen, unreported; CCA SCt of WA; Library No 970041; 3 February 1997 R v Thompson, unreported; CCA SCt of WA; Library No 940311; 21 June 1994 Australian Coal & Shale Employees Union v Commonwealth (1953) 94 CLR 621 Cheshire v R, unreported;…
Veen v The Queen (No 2) [1988] HCA 14
Citation 4

…v Doyle (1994) 71 A Crim R 360 R v Tait (1976) 46 FLR 386 Thorburn v R, unreported; CCA SCt of WA; Library No 7866; 27 September 1989 Veen v R (No 2) (1988) 164 CLR 465 Weng Keong Chan (1989) 38 A Crim R 337…
Australian Coal and Shale Employees' Federation v The Commonwealth [1953] HCA 25
Citation 5

…0041; 3 February 1997 R v Thompson, unreported; CCA SCt of WA; Library No 940311; 21 June 1994 Australian Coal & Shale Employees Union v Commonwealth (1953) 94 CLR 621 Cheshire v R, unreported; CCA SCt of WA; Library No 7924; 7 November 1989 Gallagher (1991) 23 NSWLR 220; 53 A Crim R 248 Heferen v R (1999) 106 A Cri…
House v R [1936] HCA 40
Citation 6

…d; CCA SCt of WA; Library No 7924; 7 November 1989 Gallagher (1991) 23 NSWLR 220; 53 A Crim R 248 Heferen v R (1999) 106 A Crim R 89 House v The King (1936) 55 CLR 499 Miles v R (1997) 17 WAR 518 Nguyen v R; Tran v R [1999] WASCA 54 Pavlic (1995) 5 Tas R 186; 83 A Crim R 13 Pezzino v R (1997) 92 A Crim R 135 R v Doy…
Counsel for the appellant pointed to the cases of Holland v The Queen [1999] WASCA 43
Citation 7

…31 I have been referred this morning to the decision of Court of Criminal Appeal in Holland v R [1999] WASCA 43 and in particular to a passage in the judgment of Kennedy J in which his Honour said this:…
Nguyen v R [1999] WASCA 54
Citation 8

…23 NSWLR 220; 53 A Crim R 248 Heferen v R (1999) 106 A Crim R 89 House v The King (1936) 55 CLR 499 Miles v R (1997) 17 WAR 518 Nguyen v R; Tran v R [1999] WASCA 54 Pavlic (1995) 5 Tas R 186; 83 A Crim R 13 Pezzino v R (1997) 92 A Crim R 135 R v Doyle (1994) 71 A Crim R 360 R v Tait (1976) 46 FLR 386 Thorburn v R…
House v The King 63 WN 176
Citation 9

…re v R, unreported; CCA SCt of WA; Library No 7924; 7 November 1989 Gallagher (1991) 23 NSWLR 220; 53 A Crim R 248 Heferen v R (1999) 106 A Crim R 89 House v The King (1936) 55 CLR 499 Miles v R (1997) 17 WAR 518 Nguyen v R; Tran v R [1999] WASCA 54 Pavlic (1995) 5 Tas R 186; 83 A Crim R 13 Pezzino v R (1997) 92 A Crim R…

Legislation Cited

Sentencing Act 1995 (WA) 8(4)
2 mentions