JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: DJANGHARA -v- LAW [2020] WASC 258
CORAM: ARCHER J
HEARD: 26 JUNE 2020
DELIVERED : 26 JUNE 2020
FILE NO/S: SJA 1007 of 2020
BETWEEN: SABASTIAN ANTHONY DJANGHARA
Appellant
AND
DAVID LAW
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE C ROBERTS
File Number : KR 1015/2019
Catchwords:
Criminal law - Appeal against sentence - Having regard to uncharged offence - Manifestly excessive - Wrong sentence - Suspended imprisonment
Legislation:
Criminal Appeals Act 2004 (WA), s 8, s 9, s 14
Result:
Leave to appeal granted
Appeal allowed
Sentence set aside
Appellant re-sentenced to a fine of $200, suspended for one month
Category: B
Representation:
Counsel:
| Appellant | : | C P Brennan |
| Respondent | : | G N Beggs |
Solicitors:
| Appellant | : | Aboriginal Legal Service (WA) |
| Respondent | : | The Director of Public Prosecutions (WA) |
Case(s) referred to in decision(s):
Birch v Binnekamp [2018] WASC 58
Collard v Peden [2017] WASC 32
Corpus v Roseveare [2015] WASC 165
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Elwin v Robinson [2012] WASC 311
Fernandes v The State of Western Australia [2009] WASCA 227
Gaskell v The State of Western Australia [2018] WASCA 8
Heesom v O'Keefe [2017] WASC 362
Lewsam v The State of Western Australia [2016] WASCA 60
Moir v The State of Western Australia [2014] WASCA 25
Nayna v The State of Western Australia [2016] WASCA 169
Ninyette v Holmes [2015] WASC 287
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Skelly v The State of Western Australia [2020] WASCA 3
Strahan v Brennan [2014] WASC 190
ARCHER J:
(This judgment was delivered extemporaneously and has been edited from the transcript.)
Introduction
On 28 October 2019, the appellant pleaded guilty to three offences: street drinking, disorderly behaviour in public and obstructing a public officer. I will refer to the last offence as the 'obstruction offence'.
On 10 January 2020, the learned sentencing magistrate fined the appellant in respect of the first two offences. For the obstruction offence, his Honour imposed a term of suspended imprisonment of 6 months and 1 day, suspended for nine months.
The appellant appeals against the sentence for the obstruction offence.
The application for leave to appeal was ordered to be heard at the same time as the appeal.
Appeals from magistrates' decisions[1]
[1] This section reproduces or draws on my reasons in Heesom v O'Keefe [2017] WASC 362, but is repeated here for convenience.
Section 8(1) of the Criminal Appeals Act 2004 (WA) permits an appeal against a conviction or sentence in the Magistrates Court to be made on one or more of these grounds:
(a)that the court of summary jurisdiction -
(i)made an error of law or fact, or of both law and fact;
(ii)acted without…
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- Djanghara v Law [2020] WASC 258
- Case
- [2020] WASC 258
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the offence and the conduct of the appellant. The magistrate had described the conduct of the appellant as 'horrendous' and had placed great weight on the threats made by the appellant to the police. The court found that the magistrate had considered the uncharged offence of threatening to kill the police, which carries a maximum penalty of 7 years' imprisonment. The court found that the sentence imposed by the magistrate was not appropriate for the offence of obstructing a police officer, which carries a maximum penalty of 3 years' imprisonment. The court concluded that the sentence was manifestly excessive and that the appeal should be allowed on this ground. The court also noted that the sentence was wrong because it was based on offences not charged. The court found that the appellant had not been charged with threatening to kill the police, and that the sentence imposed by the magistrate was not appropriate for the offence of obstructing a police officer.
Orders
Orders of the court
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Background
Background to the litigation
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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