CABLE -v- THE QUEEN [2001] WASCA 390

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASCA 390
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:95/2001	Heard:	19 NOVEMBER 2001
Coram:	STEYTLER J PARKER J OLSSON AUJ	Delivered:	6/12/01
No of pages:	8	Judgment Part:	1 of 1
Result:	Leave to appeal granted Appeal allowed
Category:	B
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Parties:	GAVIN JOHN CABLE THE QUEEN
Catchwords:	Criminal law Sentencing Applicant sentenced to 4 years' imprisonment for theft of motor vehicle and reckless driving and 5 years' imprisonment for armed robbery in company Sentences to be served cumulatively Whether sentences manifestly excessive Whether trial Judge erred in finding that the motor vehicle offence was "close to the top of the range" Failure to make allowance for youth of applicant Turns on own facts Criminal Law Sentencing Consideration of fresh psychiatric report when determining new sentence to be imposed Turns on own facts
Legislation:	Nil
Case References:	Bird (1993) 14 Cr App R (S) 343 Bushell (1988) 9 Cr App R (S) 537 Cabassi v The Queen [2000] WASCA 305 Colbung v The Queen [1999] WASCA 138 Dao v The Queen, unreported; CCA SCt of WA; Library No 990015; 22 January 1999 Dewar v The Queen, unreported; CCA SCt of WA; Library No 970662, 2 December 1997 Howard v The Queen, unreported; CCA SCt of WA; Library No 960638, 7 November 1996 Hume v The Queen [2000] WASCA 306 Lowndes v The Queen (1999) 195 CLR 665 McColgan v The Queen, unreported; CCA SCt of WA; Library No 970035, 6 February 1997 Mill v The Queen (1988) 166 CLR 59 Murphy v The Queen, unreported; CCA SCt of WA; Library No 990126, 9 February 1999 R v Blurton, unreported; CCA SCt of WA; Library No 960425; 7 August 1996 R v Peterson [1984] WAR 329 R v Shaharuddin [1999] WASCA 229 Taylor v The Queen, unreported; CCA SCt of WA; Library No 980152; 6 April 1998 Veen v The Queen (No 2) (1988) 164 CLR 465

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : CABLE -v- THE QUEEN [2001] WASCA 390 CORAM : STEYTLER J

PARKER J

OLSSON AUJ

HEARD : 19 NOVEMBER 2001 DELIVERED : 6 DECEMBER 2001 FILE NO/S : CCA 95 of 2001 BETWEEN : GAVIN JOHN CABLE

Applicant

AND

THE QUEEN

Respondent

Catchwords:

Criminal law - Sentencing - Applicant sentenced to 4 years' imprisonment for theft of motor vehicle and reckless driving and 5 years' imprisonment for armed robbery in company - Sentences to be served cumulatively - Whether sentences manifestly excessive - Whether trial Judge erred in finding that the motor vehicle offence was "close to the top of the range" - Failure to make allowance for youth of applicant - Turns on own facts

Criminal Law - Sentencing - Consideration of fresh psychiatric report when determining new sentence to be imposed - Turns on own facts

(Page 2)

Legislation:

Nil

Result:

Leave to appeal granted

Appeal allowed

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 Cable v The Queen

Details

AGLC: Cable v The Queen [2001] WASCA 390
Case: [2001] WASCA 390
Decision Date: 6 DECEMBER 2001

CaseChat Overview and Summary

In this case, the applicant, Cable, was convicted of theft of a motor vehicle and reckless driving, as well as armed robbery in company. The sentences imposed were 4 years for the motor vehicle offence and 5 years for the armed robbery, to be served cumulatively. Cable appealed the sentence, arguing that it was manifestly excessive, and that the trial judge had erred in considering the motor vehicle offence to be close to the top of the range, without taking into account the youth of the applicant. The case also involved the consideration of a fresh psychiatric report when determining the new sentence to be imposed.

The legal issues before the court were whether the sentences were manifestly excessive and whether the trial judge had erred in assessing the severity of the motor vehicle offence. The court considered whether the trial judge had properly taken into account the youth of the applicant when determining the severity of the sentence. Additionally, the court examined whether the trial judge had erred in failing to consider a fresh psychiatric report when determining the new sentence to be imposed.

The court found that the sentences were indeed manifestly excessive and that the trial judge had erred in not considering the youth of the applicant when assessing the severity of the motor vehicle offence. The court also held that the trial judge had erred in failing to consider the fresh psychiatric report when determining the new sentence to be imposed. The appeal was allowed, and the sentences were reduced. The court ordered that the sentences be reconsidered in light of the new evidence and arguments presented.

The final orders of the court were that leave to appeal was granted, and the appeal was allowed. The sentences were reduced, and the case was remitted to the trial court for reconsideration of the sentences in light of the new evidence and arguments presented.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed

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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