Corpus v Roseveare

Case [2015] WASC 165


CORPUS -v- ROSEVEARE [2015] WASC 165



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASC 165
12/05/2015
Case No:SJA:1026/20155 MAY 2015
Coram:HALL J5/05/15
16Judgment Part:1 of 1
Result: 1.  Extension of time granted
2.  Leave to appeal granted
3.  Appeal allowed and appellant resentenced
B
PDF Version
Parties:MICHAEL DWAYNE CORPUS
TYRONE DOUGLAS ROSEVEARE

Catchwords:

Criminal law
Appeal against sentence
Mental illness
Whether unjust to activate suspended sentences
Damage, obstruction of public officer and bail offences
Whether total effective sentence of 13 1/2 months disproportionate
Totality principle

Legislation:

Sentencing Act 1995 (WA), s 80

Case References:

Dragon v The State of Western Australia [2008] WASCA 252
F v The State of Western Australia [2008] WASCA 100; (2008) 184 A Crim R 125
Gok v The Queen [2010] WASCA 185
Hall v The Queen [1999] WASCA 225; (1999) 21 WAR 364
Krijestoric v The State of Western Australia [2010] WASCA 35
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295
R v Marston (1993) 60 SASR 320
R v Tsiaras (1996) 1 VR 398
Roffey v The State of Western Australia [2007] WASCA 246
Thompson v The Queen [2005] WASCA 223; (2005) 157 A Crim R 385
Wheeler v The Queen [No 2] [2010] WASCA 105


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : CORPUS -v- ROSEVEARE [2015] WASC 165 CORAM : HALL J HEARD : 5 MAY 2015 DELIVERED : 5 MAY 2015 PUBLISHED : 12 MAY 2015 FILE NO/S : SJA 1026 of 2015 BETWEEN : MICHAEL DWAYNE CORPUS
    Appellant

    AND

    TYRONE DOUGLAS ROSEVEARE
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE G A BENN

File No : MI 6927 of 2013, MI 6929 of 2013, MI 3700 of 2014, MI 9564 of 2014, MI 0565 of 2014, PE 84575 of 2014, PE 97738 of 2014, PE 97739 of 2014


Catchwords:

Criminal law - Appeal against sentence - Mental illness - Whether unjust to activate suspended sentences - Damage, obstruction of public officer and bail offences - Whether total effective sentence of 13 1/2 months disproportionate - Totality principle

Legislation:

Sentencing Act 1995 (WA), s 80

Result:

1. Extension of time granted


2. Leave to appeal granted
3. Appeal allowed and appellant resentenced

Category: B


Representation:

Counsel:


    Appellant : Ms N R Sinton
    Respondent : Mr L M Fox & Ms S E Wisbey

Solicitors:

    Appellant : Legal Aid (WA)
    Respondent : Director of Public Prosecutions (WA)



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

Dragon v The State of Western Australia [2008] WASCA 252
F v The State of Western Australia [2008] WASCA 100; (2008) 184 A Crim R 125
Gok v The Queen [2010] WASCA 185
Hall v The Queen [1999] WASCA 225; (1999) 21 WAR 364
Krijestoric v The State of Western Australia [2010] WASCA 35
Postiglione v The Queen [1997] HCA 26; (1997) 189 CLR 295

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Corpus v Roseveare [2015] WASC 165
Case
[2015] WASC 165
Decision Date

CaseChat Overview and Summary

The case of Corpus v Roseveare involved the appellant, Corpus, appealing against the decision of the primary judge to activate suspended sentences. Corpus had been found guilty of several offences, including causing damage to property, obstructing a public officer, and breaches of bail conditions. The primary judge had sentenced Corpus to a total effective sentence of 13 1/2 months. The appellant argued that the sentence was unjust, particularly given his mental illness. The appeal was heard in the court of appeal. The primary legal issue before the court was whether the sentence imposed by the primary judge was disproportionate and unjust, taking into account the totality principle. The court also considered whether the activation of the suspended sentences was appropriate given the appellant’s mental health. The court found that the appellant’s mental health was a significant factor that warranted consideration. The totality principle, which requires that the totality of a person's punishment for all their crimes should not be disproportionate, was also a crucial consideration. The court concluded that the sentence was disproportionate and unjust, particularly in light of the appellant's mental health. The appeal was allowed, and the appellant was resentenced. In addition to the resentencing, the court granted an extension of time and leave to appeal.

Orders

Orders of the court

1. Extension of time granted

2. Leave to appeal granted

3. Appeal allowed and appellant resentenced

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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