COUMBE -v- WHITTAKER [1999] WASCA 151
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [1999] WASCA 151 | |
| Case No: | SJA:1089/1999 | 13 AUGUST 1999 | |
| Coram: | McKECHNIE J | 13/08/99 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed in part | ||
| PDF Version |
| Parties: | RONALD KEITH COUMBE DAMIEN JAMES WHITTAKER |
Catchwords: | Firearms Forfeiture Principles to be applied Suspension of licence Principles to be applied |
Legislation: | Firearms Act 1973 (WA) s 23(10), s 28 Sentencing Act 1995 (WA) s 106 |
Case References: | Nil Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621 Chan v R (1989) A Crim R 337 House v R (1936) 55 CLR 499 R v Tait (1979) 46 FLR 386 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : COUMBE -v- WHITTAKER [1999] WASCA 151 CORAM : McKECHNIE J HEARD : 13 AUGUST 1999 DELIVERED : 13 AUGUST 1999 FILE NO/S : SJA 1089 of 1999 BETWEEN : RONALD KEITH COUMBE
- Appellant
AND
DAMIEN JAMES WHITTAKER
Respondent
Catchwords:
Firearms - Forfeiture - Principles to be applied - Suspension of licence - Principles to be applied
Legislation:
Firearms Act 1973 (WA) s 23(10), s 28
Sentencing Act 1995 (WA) s 106
Result:
Appeal allowed in part
(Page 2)
Representation:
Counsel:
Appellant : Mr S M Wilson
Respondent : Ms C V M Barton
Solicitors:
Appellant : Stephen Wilson
Respondent : State Crown Solicitor
Case(s) referred to in judgment(s):
Nil
Case(s) also cited:
Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621
Chan v R (1989) A Crim R 337
House v R (1936) 55 CLR 499
R v Tait (1979) 46 FLR 386
(Page 3)
- McKECHNIE J:
A man shoots at a target on a reserve
1 The appellant lives in Kalgoorlie. On 6 January 1999 he was entertaining three friends from Switzerland. He decided to take them to the Lake Douglas Recreation Reserve. The appellant has owned firearms for many years. On this occasion he had with him a Ruger single-shot and a Mossburg repeating bolt-action rifle.
2 He took his friends to the reserve to try their hand at metal detecting. They also decided to shoot at a target. At the lake the appellant nailed a target to a tree. He then showed his friends how to fire at the target. A CALM ranger observed the activity. No consent to shoot on the reserve had been issued.
3 The appellant was summonsed on 3 May 1999. He came before the learned Stipendiary Magistrate on one charge. The charge was that on 6 January 1999 at Kalgoorlie he, without reasonable excuse, used a firearm, namely, a Ruger single shot rifle serial number 13254260, .243 calibre, on land owned by the City of Kalgoorlie Boulder Council without consent. He pleaded guilty. After hearing the facts and the plea in mitigation the Magistrate said:
"I take the view that anyone who neligiby (sic) misuses firearms, and I take the view that you did by showing other…
Continue reading Coumbe v Whittaker
Sign in free to access the full text
- AGLC
- Coumbe v Whittaker [1999] WASCA 151
- Case
- [1999] WASCA 151
- Decision Date
CaseChat Overview and Summary
The central legal issues that the Court of Appeal had to resolve included the criteria for determining whether firearms should be forfeited, the principles to be applied in assessing the severity of the offence, and the appropriate duration for which the respondent's firearms licence should be suspended. The Court had to consider both statutory provisions and relevant case law to ensure that the penalties imposed were commensurate with the seriousness of the respondent's actions.
In its judgment, the Court of Appeal emphasised the importance of proportionality in determining the forfeiture of firearms and the suspension of a firearms licence. The Court found that the original penalty of forfeiture and suspension was excessive, taking into account the respondent's lack of criminal history and the fact that the firearms were not used in any criminal activity. The Court of Appeal allowed the appeal in part, reducing the penalties to more appropriate levels. The Court also provided detailed guidelines for future cases involving similar offences, ensuring that the principles of proportionality and fairness are upheld.
The final orders of the Court of Appeal included a reduction in the penalty for firearms forfeiture and a modification of the duration for which the respondent's firearms licence was suspended, taking into account the principles outlined in the judgment.
Orders
Orders of the court
Appeal allowed in part
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.