Clavell v Burgoyne [2003] NTSC 29
PARTIES:TIMOTHY CLAVELL
v
ROBERT BURGOYNE
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY exercising Territory jurisdiction
FILE NO:20208511 & 20208921
DELIVERED: 28 March 2003
HEARING DATES: 14 March 2003
JUDGMENT OF: THOMAS J
CATCHWORDS:
REPRESENTATION:
Counsel:
Appellant:R Goldflam
Respondent: C Roberts
Solicitors:
Appellant:Northern Territory Legal Aid Commission
Respondent: Office of the Department of Public Prosecutions
Judgment category classification: C
Judgment ID Number: tho200314
Number of pages: 14
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINClavell v Burgoyne [2003] NTSC 29
No. 20208511 & 20208921
BETWEEN:
TIMOTHY CLAVELL
Appellant
AND:
ROBERT BURGOYNE
Respondent
CORAM: THOMAS J
REASONS FOR JUDGMENT
(Delivered 28 March 2003)
This is an appeal against the head sentence imposed on the appellant by a stipendiary magistrate sitting at Alice Springs.
On 18 July 2002, Timothy Clavell entered pleas of guilty to the following two sets of charges.
"File No. 20208511:
1.On the 31st day of May 2002 at Tennant Creek in the Northern Territory of Australia, he unlawfully used a motor vehicle, namely, Toyota Landcruiser.
And that the said unlawful use involved the following circumstances of aggravation:
(i)the property unlawfully used was damaged by the said Tim Clavell and the cost of repairing/compensating for the same was $1,000.00 or more, namely, $6,538.00.
(ii)the property unlawfully used was of the value of greater than $20,000.00, namely, $60,000.00.
(iii)that as a result of the said unlawful use the whereabouts of the said Toyota Landcruiser remained unknown to the person entitled to lawful possession of the said Toyota Landcruiser, namely, William Slipper for longer than 48 hours, namely, 4 days;
Contrary to Section 218 of the Criminal Code.
2.On the 31st day of May 2002 at Tennant Creek in the Northern Territory of Australia, he did have in his custody, personal property, namely Toyota Landcruiser and $331.55, which at the time before making the charge was reasonable (sic) suspected of having been stolen or otherwise unlawfully obtained;
Contrary to Section 61 of the Summary Offences Act.
3.On the 31st day of May 2002 at Tennant Creek in the Northern Territory of Australia, he did, without lawful excuse, possess and carry a controlled weapon, namely a kitchen knife, in a public place;
Contrary to Section 7 of the Weapons Control Act.
4.On the 31st day of May 2002 at Tennant Creek in the Northern Territory of Australia, he drove a motor vehicle, namely Toyota Landcruiser, on a public street, namely Paterson Street, whilst not being the holder of a licence to do so;
Contrary to Section 32(1)(a)(i) of the Traffic Act.
File No. 20208921:
1.Between the 7th day of June 2002 and 8th day of June 2002 at Alice Springs in the Northern Territory of Australia, he unlawfully used a motor vehicle, namely, Toyota Tarago.
And that the said unlawful use involved the following circumstance of aggravation:
(i)That the property unlawfully used was damaged by…
Continue reading Clavell v Burgoyne
Sign in free to access the full text
- AGLC
- Clavell v Burgoyne [2003] NTSC 29
- Case
- [2003] NTSC 29
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the learned stipendiary magistrate had improperly exercised the sentencing discretion by failing to adequately consider Clavell's personal circumstances, particularly his mental state, and whether the magistrate had failed to apply the principle of totality correctly. The appeal hinged on whether the head sentence of 21 months was manifestly excessive, taking into account the seriousness of the offenses and Clavell's mental illness.
The court found that the magistrate had considered Clavell's mental condition, as evidenced by the extensive submissions and reports presented during sentencing. Although the magistrate's reasons could have been better expressed, the court was not persuaded that the magistrate had failed to take Clavell's circumstances into account. The court also noted that the magistrate had appropriately weighed the principle of general deterrence, moderated by the nature and severity of Clavell's symptoms and their effect on his mental capacity. The court concluded that the head sentence of 20 months was not manifestly excessive, and thus the appeal was dismissed.
The Supreme Court of the Northern Territory upheld the head sentence imposed by the stipendiary magistrate, affirming that the magistrate had properly exercised the sentencing discretion by considering the appellant's mental health and the principle of totality.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.