DENNIS -v- LANTERNIER [No 2] [2017] WASC 5
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2017] WASC 5 | |
| Case No: | SJA:1068/2016 | 13 DECEMBER 2016 | |
| Coram: | JENKINS J | 12/01/17 | |
| 44 | Judgment Part: | 1 of 1 | |
| Result: | Extension of time and leave to appeal granted on grounds 2 and 5 Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | PETER GEORGE DENNIS LOUIS GERMAINE LANTERNIER FAYE LEANNE CLAYSON TRACEY MOYNA NESBITT |
Catchwords: | Criminal law Appeal against sentence Breaches of violence restraining order Whether aggregate sentence was manifestly excessive Whether magistrate failed to take into account relevant matters including the pleas of guilty and the appellant's personal circumstances Whether the magistrate erred in taking into account an irrelevant consideration Whether there was an error in recording the aggregate sentence |
Legislation: | Criminal Appeals Act 2004 (WA), s 14(2) Restraining Orders Act 1997 (WA), s 61(1) Sentencing Act 1995 (WA), s 11, s 9AA(5), s 8(4) |
Case References: | Chan v The Queen (1989) 38 A Crim R 337 Fernandes v The State of Western Australia [2009] WASCA 227 Forkin v The State of Western Australia [2013] WASCA 51 H v The State of Western Australia [2006] WASCA 53 LJH v The State of Western Australia [2016] WASCA 155 Main v The State of Western Australia [2010] WASCA 28 Paparone v The Queen [2000] WASCA 127 Pickett v The State of Western Australia [2004] WASCA 291 R v Stewart (1994) 72 A Crim R 17 Roffey v The State of Western Australia [2007] WASCA 246 Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
LOUIS GERMAINE LANTERNIER
FAYE LEANNE CLAYSON
TRACEY MOYNA NESBITT
Respondents
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE S RICHARDSON
File No : RO 6847 of 2015, RO 6854 of 2015, RO 6855 of 2015, RO 7009 of 2015, RO 7010 of 2015, RO 7011 of 2015, RO 7012 of 2015, RO 7013 of 2015, RO 7014 of 2015, PE 21660 of 2016, PE 21661 of 2016, PE 21662 of 2016, PE 21663 of 2016, RO 403 of 2016, RO 404 of 2016, RO 405 of 2016, RO 406 of 2016, RO 407 of 2016, RO 2247 of 2016, RO 2248 of 2016, RO 2249 of 2016
Catchwords:
Criminal law - Appeal against sentence - Breaches of violence restraining order - Whether aggregate sentence was manifestly excessive - Whether magistrate failed to take into account relevant matters including the pleas of guilty and the appellant's personal circumstances - Whether the magistrate erred in taking into account an irrelevant consideration - Whether there was an error in recording the aggregate sentence
Legislation:
Criminal Appeals Act 2004 (WA), s 14(2)
Restraining Orders…
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- AGLC
- Dennis v Lanternier [No 2] [2017] WASC 5
- Case
- [2017] WASC 5
- Decision Date
CaseChat Overview and Summary
The court had to determine several legal issues, including whether the aggregate sentence was manifestly excessive. This required the court to examine if the magistrate had failed to take into account the pleas of guilty and the appellant's personal circumstances. Furthermore, the court needed to decide if the magistrate had erred in considering an irrelevant factor and whether there was an error in recording the aggregate sentence.
In addressing the appeal, the court found that the magistrate had failed to consider some relevant factors, particularly the pleas of guilty and the appellant's personal circumstances. However, the court also determined that the sentence, while potentially debatable, was not manifestly excessive. The court found no evidence that the magistrate had considered an irrelevant factor and concluded that any error in recording the aggregate sentence was not sufficient to warrant an appeal. Consequently, the appeal was dismissed, but the court granted an extension of time and leave to appeal on specific grounds.
Orders
Orders of the court
Extension of time and leave to appeal granted on grounds 2 and 5
Appeal 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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