"C" -v- HAMPSON & ORS [2005] WASC 227 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASC 227 (S)
Case No:	SJA:1060/2005	Heard:	10 OCTOBER, 14 NOVEMBER 2005
Coram:	SIMMONDS J	Delivered:	28/10/05
Supplementary Delivered:	14/11/05
No of pages:	9	Judgment Part:	1 of 1
Result:	Sentence reduced from 2 years to 21 months
Category:	B
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Parties:	"C" CLINT JAMES HAMPSON ROBERT JAMES TALBOT LAWRENCE MELISSA AMY RIMMER CADE ANDREW EVANS PAUL ANTHONY WHITE
Catchwords:	Criminal law and procedure Sentencing Offender sentenced to 2 years' imprisonment on pleas of guilty to property, fraud and traffic offences Reduction in sentence for offender's co-operation with police
Legislation:	Sentencing Act 1995 (WA), s 8(5)
Case References:	Barany v The Queen [2000] WASCA 240 C v Hampson & Ors [2005] WASC 227 Marker v The Queen [2002] WASCA 282 Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : "C" -v- HAMPSON & ORS [2005] WASC 227 (S) CORAM : SIMMONDS J HEARD : 10 OCTOBER, 14 NOVEMBER 2005 DELIVERED : 28 OCTOBER 2005 SUPPLEMENTARY
DECISION : 14 NOVEMBER 2005 FILE NO/S : SJA 1060 of 2005 BETWEEN : "C"

Appellant

AND

CLINT JAMES HAMPSON

ROBERT JAMES TALBOT LAWRENCE

MELISSA AMY RIMMER

CADE ANDREW EVANS

PAUL ANTHONY WHITE

Respondents

ON APPEAL FROM:

Jurisdiction : COURT OF PETTY SESSIONS

Coram : MR F CULLEN SM

File No : PE 55283 of 2004, PE 55380 of 2004, PE 55381 of 2004, PE 13525 of 2005, PE 13526 of 2005, PE 13559 of 2005, PE 13561 of 2005, PE 13562 of 2005, PE 13563 of 2005, PE 13564 of 2005, PE 13565 of 2005, PE 13566 of 2005, PE 13567 of 2005, PE 15818 of 2005, PE 15819 of 2005, PE 15820 of 2005,

(Page 2)

PE 15821 of 2005, PE 15822 of 2005, PE 15823 of 2005, PE 17252 of 2005

Catchwords:

Criminal law and procedure - Sentencing - Offender sentenced to 2 years' imprisonment on pleas of guilty to property, fraud and traffic offences - Reduction in sentence for offender's co-operation with police

Legislation:

Sentencing Act 1995 (WA), s 8(5)

Result:

Sentence reduced from 2 years to 21 months

Category: B

Representation:

Counsel:

Appellant : Mr A J Robson

Respondents : Mr P D Yovich

Solicitors:

Appellant : Legal Aid Western Australia

Respondents : State Director of Public Prosecutions

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

Barany v The Queen [2000] WASCA 240
C v Hampson & Ors [2005] WASC 227
Marker v The Queen [2002] WASCA 282

(Page 3)

Case(s) also cited:

Nil

(Page 4)

1 SIMMONDS J: These are the reasons for and content of my decision on sentence which is to be read with my previous decision in this matter, "C" v Hampson & Ors [2005] WASC 227. These proceedings are being held in open court, because of the final character of the sentencing they represent. The matter comes up before me subsequent to the delivery of my decision on the previous occasion, for the reasons…

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 "C" v Hampson

Details

AGLC: "C" v Hampson [2005] WASC 227 (S)
Case: [2005] WASC 227 (S)
Decision Date

CaseChat Overview and Summary

The case of "C" v Hampson [2005] WASC 227 (S) involved an appeal against a sentence imposed by a Magistrate in the Court of Petty Sessions. The appellant, "C", was convicted on 37 charges, primarily related to property offences, fraud, and traffic violations. The primary legal issue was whether the sentence of two years' imprisonment should be reduced due to the appellant's cooperation with the police. The appeal was heard in the Supreme Court of Western Australia by Simmonds J, who had previously issued a decision on the matter on 28 October 2005.

The court considered the extent of the appellant's cooperation with the police, including the provision of information about stolen cards, a drug supplier, and a heroin importation transaction. The appellant's assistance led to police actions such as obtaining a search warrant, performing analysis of discovered substances, and further inquiries into the named individuals. The court acknowledged that while the assistance provided by the appellant did not necessarily yield tangible results, it was significant enough to warrant a reduction in sentence under section 8(5) of the Sentencing Act 1995 (WA). The court determined that a reduction of three months from the total sentence was appropriate, resulting in a final sentence of 21 months, backdated to the date of the appellant's initial custody. The appellant was also made eligible for parole.

Orders