Boekelman v Chamberlain

Case [2013] WASC 401


BOEKELMAN -v- CHAMBERLAIN [2013] WASC 401



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 401
Case No:SJA:1057/20135 NOVEMBER 2013
Coram:EDELMAN J5/11/13
21Judgment Part:1 of 1
Result: Application for leave to appeal dismissed
D
PDF Version
Parties:JUSTIN EUGENE BOEKELMAN
DAVID PETER CHAMBERLAIN

Catchwords:

Criminal law
Appeal against sentence
Whether manifestly excessive
Whether error in accumulating one sentence of assault
Conflicting assertions concerning facts
Whether appellant sentenced on the basis of disputed facts

Legislation:

Criminal Code 1913 (WA)

Case References:

Birch v The State of Western Australia [2011] WASCA 101
Borbil v The State of Western Australia [2007] WASCA 24
Brady v The State of Western Australia [2013] WASCA 253
Chan v The Queen (1989) 38 A Crim R 337
Closter v Humphreys [2012] WASC 145
Dickens v The Queen [2004] WASCA 179
Downey v The State of Western Australia [2012] WASCA 55
Harrison v Hunter [2012] WASC 166
Howarth v The State of Western Australia [2007] WASCA 78
Hutchins v The State of Western Australia [2006] WASCA 258
Kelly v The State of Western Australia [2011] WASCA 273
Law v The State of Western Australia [2009] WASCA 193
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
Main v The State of Western Australia [2010] WASCA 28
McDougall v The State of Western Australia [2009] WASCA 232
Papertalk v The State of Western Australia [2011] WASCA 229
Pepper v Western Australia [2005] WASCA 177; (2005) 30 WAR 447
Skinner v The State of Western Australia [2012] WASCA 99
Spry v The State of Western Australia [2013] WASCA 68
Wilshire v Mafi [2010] WASCA 111
Wungundin v Barndon [2013] WASC 28


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : BOEKELMAN -v- CHAMBERLAIN [2013] WASC 401 CORAM : EDELMAN J HEARD : 5 NOVEMBER 2013 DELIVERED : 5 NOVEMBER 2013 FILE NO/S : SJA 1057 of 2013 BETWEEN : JUSTIN EUGENE BOEKELMAN
    Appellant

    AND

    DAVID PETER CHAMBERLAIN
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE P G MALONE

File No : PE 6228 of 2012


Catchwords:

Criminal law - Appeal against sentence - Whether manifestly excessive - Whether error in accumulating one sentence of assault - Conflicting assertions concerning facts - Whether appellant sentenced on the basis of disputed facts

Legislation:

Criminal Code 1913 (WA)

Result:

Application for leave to appeal dismissed


Category: D


Representation:

Counsel:


    Appellant : In person
    Respondent : Ms G Cleary

Solicitors:

    Appellant : In person
    Respondent : Director of Public Prosecutions (WA)



Cases referred to in judgment:

Birch v The State of Western Australia [2011] WASCA 101
Borbil v The State of Western Australia [2007] WASCA 24
Brady v The State of Western Australia [2013] WASCA 253
Chan v The Queen (1989) 38 A Crim R 337
Closter v Humphreys [2012] WASC 145
Dickens v The Queen [2004] WASCA 179
Downey v The State of Western Australia [2012] WASCA 55

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AGLC
BOEKELMAN -v- CHAMBERLAIN [2013] WASC 401
Case
[2013] WASC 401
Decision Date

CaseChat Overview and Summary

The case of Boekelman v Chamberlain involved the appellant, Boekelman, appealing against a sentence handed down by the lower court. The dispute centred around the severity of the sentence and the process by which it was determined, particularly focusing on the accumulation of sentences for multiple instances of assault. The matter was brought before the court for review to determine whether the sentence was manifestly excessive and if there was an error in the accumulation of one of the assault sentences. Additionally, conflicting assertions concerning the facts of the case needed to be resolved to ascertain whether Boekelman was sentenced based on disputed facts.

The legal issues before the court included whether the sentence imposed was manifestly excessive, whether there was an error in accumulating one of the assault sentences, and whether the appellant was sentenced based on disputed facts. The court needed to consider the principles of sentencing and the applicable legal standards in making its determination. The court also had to address the conflicting factual assertions to ensure that Boekelman was not sentenced based on unreliable or disputed facts.

The court found that there was no error in the accumulation of the assault sentences and that the sentence was not manifestly excessive. The conflicting assertions concerning the facts did not result in Boekelman being sentenced on the basis of disputed facts. Therefore, the application for leave to appeal was dismissed. The court upheld the lower court's decision and found that the sentence was appropriate and lawful, based on the evidence and facts presented in the case.

Orders

Orders of the court

Application for leave to 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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