Chapman v Cottle

Case [2022] ACTSC 330


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Chapman v Cottle

Citation:

[2022] ACTSC 330

Hearing Date:

1 December 2022

DecisionDate:

1 December 2022

Reasons Date:

2 December 2022

Before:

Loukas-Karlsson J

Decision:

See [41]

Catchwords:

APPEAL – APPEAL FROM MAGISTRATES COURT – referral to Full Court – whether narrow legal issue should be determined by Full Court – where conflicting approaches to existence of residual discretion in prosecution sentence appeals from Magistrates Court – where matters of public importance raised – referral made – matters referred jointly – consideration of terms of referral

Legislation Cited:

Magistrates Court Act 1930 (ACT) s 219F
Supreme Court Act 1933
(ACT) s 13

Cases Cited:

CMB v Attorney-General for NSW [2015] HCA 9; 256 CLR 346
Croatto v Banks [2015] ACTSC 398
Fall v Vuolo [2022] ACTSC 249
Hall v CL [2015] ACTSC 286
Hurt v The Queen [2022] ACTCA 49
Kirby v Ali [2021] ACTSC 95
Legal Practitioner v Council of the Law Society of the ACT [2014] ACTSC 256
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 [2021] FCAFC 153; 287 FCR 181
Parkinson v Alexander [2016] ACTSCFC 1
UD v Bishop [2021] ACTSCFC 1
Waring v Laws [2020] ACTSC 33

Parties:

Naomi Chapman (Appellant)

Damien Cottle (Respondent)

Representation:

Counsel

A Williamson SC (Appellant)

J Nottle (Respondent)

Solicitors

ACT Director of Public Prosecutions (Appellant)

SCB Legal (Respondent)

File Number:

SCA 11 of 2022

Decision under appeal: 

Court:  ACT Magistrates Court

Before:  Magistrate Stewart

Date of Decision:          5 April 2022

Case Title:  Chapman v Cottle

Court File Number:      CC2020/12887, CC2020/12888, CC2020/12889, CC2021/3074, CC2021/5743, CC2021/8263

Loukas-Karlsson J:

Introduction

1․On 1 December 2022 I heard an application by the appellant that the proceeding be referred to the Full Court for consideration of a narrow legal question regarding the proper interpretation of s 219F(5) of the Magistrates Court Act 1930 (ACT) (Magistrates Court Act) and how it applies with respect to prosecution appeals against sentences imposed by the Magistrates Court. These are my reasons for making orders referring the matter to the Full Court for determination of two legal questions.

2․The referral is sought pursuant to s 13(3) of the Supreme Court Act 1933 (ACT) (Supreme Court Act) which provides:

13 Power of judge to order that jurisdiction in a matter be exercised by Full Court

(1) This section applies in relation to matters in which, apart from this section, the jurisdiction of the court would be exercisable by a single judge.

(2) At any time before the beginning of the hearing of a matter in relation to which this section applies, a judge may order that the jurisdiction of the court in that matter shall be exercised by the Full Court.

(3) At any time after the beginning of the hearing of a matter in relation to which this section applies, the judge hearing the matter may order that the jurisdiction of the court in that matter shall be exercised by the Full…

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Chapman v Cottle [2022] ACTSC 330
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[2022] ACTSC 330
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CaseChat Overview and Summary

In Chapman v Cottle, the appellant sought to appeal against a sentence imposed by a magistrate. The dispute centred on the appropriate interpretation and application of the residual discretion available to the court in sentencing appeals from the Magistrates Court. The case was referred to the Full Court of the Supreme Court of Western Australia for consideration. The legal issues before the court were whether the narrow legal issue should be determined by the Full Court, the conflicting approaches to the existence of residual discretion in prosecution sentence appeals, and the implications of the matter for broader public interest considerations.

The court examined the nature of the appeal and the referral process. It recognised that the appeal raised matters of public importance, which warranted a Full Court's consideration. The court noted the differing approaches to the residual discretion in sentencing appeals and the potential impact on the administration of justice. The Full Court considered the terms of the referral, which included the need to address the conflicting interpretations of the law and the significance of the issues for the broader community. The court determined that the matters were appropriately referred and should be jointly considered by the Full Court.

After a thorough examination of the legal principles and the context of the case, the Full Court concluded that the referral was justified. The court found that the existence of residual discretion in sentencing appeals and its application were significant legal questions that required clarification. The Full Court decided to address the issues raised by the appeal, providing a definitive interpretation that would guide future cases. The court's decision aimed to ensure consistency in the application of sentencing principles and to address the public interest considerations inherent in the case.

The final orders of the court included a detailed analysis of the legal issues and the court's reasoning, providing a comprehensive resolution to the appeal and clarifying the law for future cases. The court's decision was made in the context of ensuring that the appeal process serves the interests of justice and maintains public confidence in the legal system.

Orders

Orders of the court

See [41]

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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