Donnachy v Riegert

Case [2004] WASCA 48


DONNACHY -v- RIEGERT & ANOR [2004] WASCA 48



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 48
Case No:SJA:1144/200325 FEBRUARY 2004
Coram:ROBERTS-SMITH J18/03/04
38Judgment Part:1 of 1
Result: Appeal SJA 1144 of 2003 allowed, Appeal SJA 1143 of 2003 allowed in part, otherwise dismissed
A
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Parties:MARTINE CELESTE DONNACHY
CHARLES DOUGLAS RIEGERT
ASHLEY GRAHAM KEITH GOY

Catchwords:

Criminal law and procedure
Appeal
Justices
Traffic offences
Eighth conviction for driving under suspension
Breach of suspended sentence of imprisonment order for similar offence
Pleas of guilty
Defendant unrepresented
Sentences of imprisonment
Whether should have been given adjournment for legal advice
Criminal law and procedure
Appeal
Justices
Escape legal custody
Sentence
Principles
Criminal law and procedure
Appeal
Justices
Traffic offences
Driving under suspension
Subsequent offence
Fact that appellant already serving a sentence of imprisonment for similar offence

Legislation:

Sentence Administration Act 2003 (WA), s 8(2)

Case References:

Betts v Hardcastle (2001) 23 WAR 559
Chinnery v Hansen (2001) 125 A Crim R 426
Cross v Cook [2001] WASCA 242
Dietrich v The Queen (1992) 177 CLR 292
Fernando v Keady, unreported; SCt of WA; Library No 940135; 4 March 1994
Furtak v Timmers [2001] WASCA 65
Griekspoor v Scott (2000) 23 WAR 530
Jones v Williams, unreported; SCt of WA; Library No 920652; 7 December 1992
Lowndes v The Queen (1999) 195 CLR 665
Nevermann v The Queen (1989) 43 A Crim R 347
O'Brien v Ritchie, unreported; SCt of WA; Library No 990123; 17 March 1999
R v Grein [1989] WAR 178
Salter v Seebohm (1972) 4 SASR 192
Voisey v Taylor, unreported; SCt of WA; Library No 8273; 30 May 1990
Walker v The Queen (1998) 101 A Crim R 152
Weinel v Fedcheshen (1995) 65 SASR 156
Western Australia v Landers (2000) 22 WAR 278
Wood v Marsh [2003] WASCA 95
Zammit v Illich [2003] WASCA 88

Chan v The Queen (1989) 38 A Crim R 337
Cooling v Steel (1971) 2 SASR 239
Dinsdale v The Queen (2000) 202 CLR 321
Gavin v The Queen (1992) 6 WAR 195
Hall v The Queen (1999) 21 WAR 364
Higgins v Robinson [2000] WASCA 311
House v The King (1936) 55 CLR 499
King v Lankford [2000] WASCA 214
Nguyen v The Queen (2001) 118 A Crim R 519
R v Hicks (1996) 89 A Crim R 333
R v Liddington (1997) 18 WAR 394
R v Peterson [1984] WAR 329
R v Tait (1979) 46 FLR 386
Schagen (1993) 65 A Crim R 500

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : DONNACHY -v- RIEGERT & ANOR [2004] WASCA 48 CORAM : ROBERTS-SMITH J HEARD : 25 FEBRUARY 2004 DELIVERED : 18 MARCH 2004 FILE NO/S : SJA 1144 of 2003
    Consolidated with SJA 1143 of 2003 on 23 December 2003
BETWEEN : MARTINE CELESTE DONNACHY
    Appellant

    AND

    CHARLES DOUGLAS RIEGERT
    First Respondent

    ASHLEY GRAHAM KEITH GOY
    Second Respondent



Catchwords:

Criminal…

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AGLC
Donnachy v Riegert [2004] WASCA 48
Case
[2004] WASCA 48
Decision Date

CaseChat Overview and Summary

The appellant, Donnachy, was charged with driving while under a suspension order, marking his eighth conviction for a similar offence. He was also charged with escaping legal custody, having breached a suspended sentence of imprisonment for a previous offence. Both charges were heard by a justice of the peace. The appellant pleaded guilty to both charges and was sentenced to imprisonment. He was unrepresented at the hearing. The appellant appealed against the sentences, arguing that he should have been given an adjournment to obtain legal advice, and that the sentence for the second charge should be quashed as he was already serving a sentence of imprisonment for a similar offence.

The court considered whether the justice of the peace erred in not granting an adjournment for the appellant to obtain legal advice. It also considered whether the sentence for the second charge should have been quashed due to the appellant already serving a sentence of imprisonment for a similar offence. The court found that the justice of the peace should have granted an adjournment to allow the appellant to obtain legal advice. However, the court found that the sentence for the second charge was not quashed because the court considered the principle that a sentence should be proportionate to the offence and the offender.

The appeal against the sentences was allowed in part, with the sentences quashed and the matter remitted to the Magistrates Court for re-sentencing. The court held that the justice of the peace should have granted an adjournment to allow the appellant to obtain legal advice. However, the court found that the sentence for the second charge was not quashed because the court considered the principle that a sentence should be proportionate to the offence and the offender. The sentences were quashed and the matter was remitted to the Magistrates Court for re-sentencing.

Orders

Orders of the court

Appeal SJA 1144 of 2003 allowed, Appeal SJA 1143 of 2003 allowed in part, otherwise 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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