KALONGA CHIFUNTWE v PETER DANIEL GARDINER
[2012] ACTSC 136 (15 August 2012)
APPEAL AND NEW TRIAL – In general and right of appeal – Appeal from Magistrates Court – Appeal against sentence – Appeal dismissed.
CRIMINAL LAW – Jurisdiction, practice and procedure – Judgment and punishment – Sentencing – Culpable driving causing grievous bodily harm – Whether manifestly excessive – Not manifestly excessive.
CRIMINAL LAW – Jurisdiction, practice and procedure – Judgment and punishment – Sentencing – Driving while suspended – Whether manifestly excessive – Not manifestly excessive.
CRIMINAL LAW – Jurisdiction, practice and procedure – Judgment and punishment – Sentencing – Whether common elements of multiple offences punished twice.
Bail Act 1992 (ACT), s 56A(2)
Crimes Act 1900 (ACT), s 29
Crimes (Sentence Administration) Act 2005 (ACT), s 116ZP
Crimes (Sentencing) Act 2005 (ACT), ss 7, 66
Magistrates Court Act 1930 (ACT), s 216, div 3.10.2, pt 3.10
Road Transport (Alcohol and Drugs) Act 1977 (ACT), ss 19, 26
Road Transport (Driver Licensing) Act 1999 (ACT), s 32(2)(a)
Road Transport (Safety and Traffic Management) Act 1999 (ACT), s 5B(2)
Road Transport (Safety and Traffic Management) Regulation 2000 (ACT), s 109
Apolevski v Kinnane [2010] ACTSC 43
Cooper v Corvisy (No 2) (2010) 5 ACTLR 151
Cotter v Corvisy (2008) 1 ACTLR 299
Elson v Ayton (2010) 241 FLR 178
GDP (1991) 53 A Crim R 112
Griffiths v The Queen (1977) 137 CLR 293
Hawkins v Hawkins (2009) 3 ACTLR 210
JA v Macdonald [2011] ACTSC 22
Kennewell v Rand [2006] ACTCA 10
Kien v The Queen [2012] ACTCA 25
Ledson v Taylor (2010) 239 FLR 184
MacIntyre (1988) 38 A Crim R 135
Morley (1984) 13 A Crim R 431
Pearce v The Queen (1998) 194 CLR 610
R v Alzaabi (Unreported, Supreme Court of the ACT, Higgins CJ, 12 September 2008)
R v Calvert [2010] ACTSC 80
R v Campbell [2010] ACTCA 20
R v Creighton [2011] ACTCA 13
R v Debrueys [2011] ACTSC 178
R v De Simoni (1981) 147 CLR 383
R v Harper [1980] Tas R 16
R v Holder [1983] 3 NSWLR 245
R v Jurisic (1998) 45 NSWLR 209
R v Kurzynski [2001] ACTSC 90
R v Leach (2003) 85 SASR 139
R v Moffat (Unreported, Supreme Court of the ACT, Penfold J, 12 June 2008)
R v Norris (Unreported, Supreme Court of NSW Court of Criminal Appeal, Enderby, McInerney and Badgery-Parker JJ, 13 October 1989)
R v Overhall (Unreported, Supreme Court of the ACT, Crispin J, 19 June 2006)
R v PM [2009] ACTSC 24
R v Slattery (1996) 90 A Crim R 519
R v TW (2011) 6 ACTLR 18
R v Williscroft [1975] VR 292
Tricklebank (1993) 69 A Crim R 351
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. SCA 19 of 2012
Judge: Refshauge ACJ
Supreme Court of the ACT
Date: 15 August 2012
IN THE SUPREME COURT OF THE )
) No. SCA 19 of 2012
AUSTRALIAN CAPITAL TERRITORY )
KALONGA CHIFUNTWE
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- AGLC
- Chifuntwe v Gardiner [2012] ACTSC 136
- Case
- [2012] ACTSC 136
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the assessment of the sentence's proportionality and whether the common elements of the offences had been double-counted. The court had to review the sentencing principles and the structure of the sentence to ensure that it was neither manifestly excessive nor that it improperly duplicated penalties for overlapping aspects of the charges.
The court found that the sentence imposed was not manifestly excessive. It concluded that the Magistrates Court had appropriately considered the circumstances of the case, including the nature of the offences and the appellant's background. The court also determined that the common elements of the multiple offences had not been punished twice. The sentencing structure was deemed appropriate, taking into account all relevant factors, including the cumulative impact of the offences.
The appeal was dismissed, and the original sentence imposed by the Magistrates Court was upheld. The court found no merit in the contention that the sentence was manifestly excessive or that there was a duplication in the punishment of the common elements of the offences. The District Court's decision was final on these points, and no further appeal was permitted.
Orders
Orders of the court
1.
The appeal be 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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