Briggs v Houlihan

Case [2018] WASC 301


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

CITATION:   BRIGGS -v- HOULIHAN [2018] WASC 301

CORAM:   MCGRATH J

HEARD:   27 SEPTEMBER 2018

DELIVERED          :   28 SEPTEMBER 2018

FILE NO/S:   SJA 1091 of 2018

BETWEEN:   MATTHEW DAVID BRIGGS

Appellant

AND

MATTHEW HOULIHAN

Respondent

ON APPEAL FROM:

For File No:   SJA 1091 of 2018

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE K M TAVENER

File Number             :   MI 514 2018


Catchwords:

Criminal law - Restraining Orders Act 1997 (WA) - Breach 24 hour police order - Suspended term of imprisonment imposed - Appeal against sentence - Express error of law - Magistrate failed to take into account early plea of guilty - Manifestly excessive - Offender re-sentenced to a fine

Legislation:

Criminal Appeals Act 2004 (WA), s 8, s 9(1), s 9(2), s 14
Restraining Orders Act 1997 (WA), s 61(2a)
Sentencing Act 1995 (WA) s 6, s 7(2), s 9AA, s 53

Result:

Extension of time in which to appeal granted
Leave to appeal granted on grounds one and two
Appeal allowed
Suspended term of imprisonment set aside and in lieu thereof a fine of $2,000 is imposed

Category:    B

Representation:

Counsel:

Appellant : Ms N R Sinton
Respondent : Ms Z Bush

Solicitors:

Appellant : Legal Aid
Respondent : State Solicitor's Office (WA)

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

Abraham v The State of Western Australia [2014] WASCA 151

Bardsley v The Queen (2004) 29 WAR 338

Burrows v The State of Western Australia [2014] WASCA 147

Chan v The Queen (1989) 38 A Crim R 337

Cullen v Rollings [2009] WASC 80

Dennis v Lanternier [No 2] [2017] WASC 5

Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321

Knight v The State of Western Australia [2014] WASC 57

Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665

Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357

Munda v The State of Western Australia [2013] HCA 38; (2013) 249 CLR 600

Pillage v Coyne [2000] WASCA 135; (2000) 113 A Crim R 27

Roberts v The State of Western Australia [2014] WASCA 239

Rogers v Hitchcock [2015] WASC 120

Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473

Winmar v Clark [2015] WASC 314

MCGRATH J:

  1. Mr Briggs was charged with one offence of breaching a 24 hour police order contrary to s 61(2a) of the Restraining Orders Act 1997 (WA). Mr Briggs pleaded guilty to that charge and was sentenced to a term of imprisonment for 7 months, suspended for 8 months. Mr Briggs now seeks leave for an extension of time in which to appeal[1] and for leave to appeal against the sentence imposed.[2]  Mr Briggs contends that the magistrate made an express error of law at sentencing and further, imposed a sentence that was manifestly excessive.

    [1] Affidavit of Ms Sinton affirmed 27 June 2018.

    [2] Appeal Notice dated 27 June 2018.

  2. For the following reasons, I have…

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Briggs v Houlihan [2018] WASC 301
Case
[2018] WASC 301
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CaseChat Overview and Summary

The case of Briggs v Houlihan involved a dispute under the Restraining Orders Act 1997 (WA), concerning a breach of a 24-hour police order. The defendant, Briggs, had appealed the sentence imposed by the magistrate, arguing that it was manifestly excessive and did not adequately reflect his early plea of guilty. The appeal was heard in the District Court of Western Australia, which had jurisdiction to review the original sentence imposed by the magistrate.

The primary legal issue before the court was whether the sentence imposed by the magistrate was appropriate given the circumstances of the case, particularly whether the magistrate had failed to take into account Briggs' early plea of guilty. The court was also required to determine if the sentence was manifestly excessive and, if so, what an appropriate sentence would be in light of the circumstances.

The court found that the magistrate had indeed failed to take into account Briggs' early plea of guilty, which was a significant mitigating factor. The court further determined that the sentence imposed was manifestly excessive, as it did not reflect the appropriate considerations and the discount for the early plea. As a result, the court set aside the original sentence and re-sentenced Briggs to a fine. This decision underscored the importance of properly considering all relevant factors, including early pleas of guilty, in sentencing. The court's ruling ensured that the sentence imposed was fair and appropriate, reflecting the mitigating factors present in the case.

Orders

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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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