Boase v Roberts

Case [2018] WASC 45


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   BOASE -v- ROBERTS [2018] WASC 45

CORAM:   HALL J

HEARD:   12 DECEMBER 2017

DELIVERED          :   12 DECEMBER 2017

PUBLISHED           :  9 FEBRUARY 2018

FILE NO/S:   SJA 1048 of 2017

BETWEEN:   MARK CHRISTOPHER BOASE

Appellant

AND

ALYCE ROBERTS
Respondent

ON APPEAL FROM:

Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram  :MAGISTRATE S DE MAIO

File No  :FR 2032 of 2017, FR 2035 of 2017, FR 2039 - 2040 of 2017, FR 2042 of 2017, FR 2889 of 2017, FR 2892 of 2017, FR 2894 - 2896 of 2017, FR 2898 of 2017, FR 2902 of 2017, FR 2904 of 2017, FR 2906 of 2017, FR 2908 of 2017, FR 2910 of 2017, FR 2912 of 2017, FR 2914 of 2017, FR 2916 of 2017, FR 2918 of 2017, FR 2920 - 2921 of 2017, FR 2923 of 2017, FR 2925 - 2927 of 2017

Catchwords:

Criminal law - Appeal against sentence - Multiple burglary offences - Commercial premises - Stealing of cars - Aggravated reckless driving to escape police pursuit - Totality principle -Whether total aggregate sentence of 4 years' imprisonment infringed totality principle

Legislation:

Nil

Result:

Leave to appeal refused
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     Ms K C Cook

Solicitors:

Appellant:     In person

Respondent:     Director of Public Prosecutions (WA)

Case(s) referred to in judgment(s):

Anderson v The State of Western Australia [2014] WASCA 167

BWE v The State of Western Australia [2016] WASCA 197

Closter v Humphreys [2012] WASC 145

Fraser v The Queen [2003] WASCA 99

Hume v The Queen [2000] WASCA 306; (2000) 33 MVR 203

Kolek v The State of Western Australia [2017] WASCA 180

Nolan v The State of Western Australia [2013] WASCA 235

Pennetta v The State of Western Australia [2013] WASCA 234

Ridley v The State of Western Australia [2013] WASCA 45

Rodenburg‑Hill v WA Police [2009] WASC 330

Roffey v The State of Western Australia [2007] WASCA 246

Tela v The State of Western Australia [No 2] [2014] WASCA 103

Wilson v The State of Western Australia [2010] WASCA 82

  1. HALL J:   This application for leave to appeal against sentence was heard by me on 12 December 2017.  At the conclusion of the hearing I refused leave to appeal, dismissed the appeal and gave brief oral reasons.  I said that more detailed written reasons would be provided at a later date.

  2. On 21 July 2017, the appellant was sentenced in the Fremantle Magistrates Court to a total effective sentence of 4 years' imprisonment in respect of 46 offences.  The nature of those offences and the individual sentences imposed are set out in the table which is annexed to these reasons.

  3. By an appeal notice filed on 22 August 2017, the appellant sought leave to appeal against his sentence.  The appeal notice was filed four days late.  The appellant was unable to obtain legal aid and represented himself in the appeal.  In the circumstances…

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Boase v Roberts [2018] WASC 45
Case
[2018] WASC 45
Decision Date

CaseChat Overview and Summary

In the case of Boase v Roberts, the respondent, Boase, appealed against the total aggregate sentence of four years' imprisonment, which was imposed on him for various criminal offences, including multiple burglaries of commercial premises, theft of cars, and aggravated reckless driving while attempting to evade police. The matter was heard in the Supreme Court of Queensland. Boase argued that the sentence imposed infringed the totality principle, which requires that the overall punishment should not be grossly disproportionate to the aggregate gravity of the individual offences.

The primary legal issue before the court was whether the total aggregate sentence imposed on Boase for his multiple criminal offences was consistent with the totality principle. This principle is designed to ensure that the overall punishment does not exceed what is proportionate to the cumulative severity of the individual offences. The court had to consider the nature and circumstances of each offence, as well as the cumulative effect of the sentence on Boase, in determining whether the totality principle was breached.

The court held that the totality principle had not been infringed by the sentence imposed. The court found that the sentence was proportionate to the aggregate gravity of the offences committed by Boase. The court considered the severity of each offence, the frequency of the offending behaviour, and the need for general and specific deterrence. The court also took into account Boase's criminal history and the need for denunciation and rehabilitation. After weighing these factors, the court concluded that the sentence was appropriate and did not exceed what was proportionate to the cumulative effect of the individual offences. Consequently, the appeal was dismissed.

No additional orders were made by the court.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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