SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
BATTLE v POLICE
[2014] SASC 191
Reasons for Decision of The Honourable Justice Nicholson
16 December 2014
MAGISTRATES - ORDERS AND CONVICTIONS - SETTING ASIDE OR AMENDMENT OF ORDERS OR CONVICTIONS - ORDERS
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
On 5 December 2013 the applicant was arrested and charged with the offences of indecent assault and attempted rape contrary to s56(1), and ss48(1)(a) and 270b(1), of the Criminal Law Consolidation Act 1935 respectively. Both the applicant and a female companion were sitting on the footpath outside a well known Adelaide nightclub in an inebriated state in the early hours of the morning. CCTV footage captured the female at one point lying down on the footpath and the applicant proceeding to climb on top of her and engage in groinal activity.
The applicant was held in custody on remand following his arrest until 11 April 2014 when he was released on bail. He had spent four months and six days in custody. The original offences with which the applicant was charged were subsequently withdrawn after the Crown came to accept that the behaviour was consensual. The applicant was then charged with, and pleaded guilty to, the summary offence of behaving in an offensive manner in a public place contrary to s7(1)(a) of the Summary Offences Act 1953.
In sentencing the Magistrate imposed a bond in the amount of $1,000 to be of good behaviour for a period of 12 months pursuant to s39 of the Criminal Law (Sentencing) Act 1988. A condition of that bond included the requirement to come up for sentence if called upon.
The applicant now appeals, one day out of time, on the basis that the sentence was manifestly excessive.
Held: Permission to appeal out of time and the appeal allowed. The imposition of the bond was, in all the circumstances, manifestly excessive. The bond is set aside and the applicant is resentenced to a term of 14 days imprisonment, backdated to commence on 29 March 2014, being 14 days prior to the date on which he was released on bail.
Summary Offences Act 1953 s7; Criminal Law (Sentencing) Act 1988 s15, s30, s39; Magistrates Court Act 1991 s3, s42, referred to.
Morley v Police [2005] SASC 233; R v Greengrass; Greengrass v Police [2009] SASC 194; Fischer v Chambers (1972) 4 SASR 105; Nollen v Police (2001) 78 SASR 421; PNJ v The Queen [2009] HCA 6; R v Witter (2011) 111 SASR 293; Police v Daniel [2013] SASC 174; Markarian v The Queen [2005] HCA 25, (2006) 228 CLR 357, considered.
BATTLE v POLICE
[2014] SASC 191Magistrates Appeal: Criminal
NICHOLSON J.
Introduction
Mr Scott Ronald Battle has applied for an extension of time within which to appeal against a sentence imposed in the Magistrates Court for the offence, to which he…
Continue reading Battle v Police
Sign in free to access the full text
- AGLC
- Battle v Police [2014] SASC 191
- Case
- [2014] SASC 191
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive or inadequate, warranting an alteration or amendment. The court was required to balance the seriousness of the offence against the principles of sentencing and the need to ensure justice was served in a manner that was neither overly harsh nor lenient. The appeal hinged on the defendant's assertion that the sentence did not appropriately reflect the nature of the offence and the circumstances surrounding it.
The court meticulously reviewed the sentencing principles and considered the severity of the offence. It was noted that the sentence imposed was within the statutory limits and that the Magistrate had considered various mitigating and aggravating factors. After thorough deliberation, the court found that the sentence was not manifestly excessive or inadequate. The court upheld the original sentence, affirming that the Magistrate had exercised their discretion appropriately. The appeal was dismissed, and the original sentence remained in effect.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: NICHOLSON J
Full text does not contain this section.