JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: JOHNSON -v- VANDER SANDEN [2021] WASCA 27
CORAM: QUINLAN CJ
BUSS P
MAZZA JA
HEARD: 4 NOVEMBER 2020
DELIVERED : 17 FEBRUARY 2021
FILE NO/S: CACR 150 of 2020
BETWEEN: DAVID JOHNSON
Appellant
AND
ASHER FAYE VANDER SANDEN
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram: HILL J
File Number : SJA 1064 of 2020
Catchwords:
Criminal law – Appeal against sentence – Failure to comply with a direction under Emergency Management Act2005 – COVID-19 pandemic – Whether court required to impose sentence of imprisonment greater than 6 months – Whether suspended imprisonment may be imposed for 6 months or less
Legislation:
Emergency Management Act 2005 (WA), s 86
Sentencing Act 1995 (WA), s 6, s 39, s 76, s 77, s 80, s 86
Sentencing Legislation Amendment Act 2004 (WA), s 4
Sentencing Legislation Amendment and Repeal Act 2003 (WA), s 33(3)
Result:
Leave to appeal refused on grounds 1, 2 and 3
Leave to appeal granted on ground 4
Appeal dismissed
Category: A
Representation:
Counsel:
| Appellant | : | A L Forrester SC and L M Fox SC |
| Respondent | : | S B Watters |
Solicitors:
| Appellant | : | Director of Public Prosecutions (WA) |
| Respondent | : | Hammond Legal |
Cases referred to in decision:
Almonte v Beswick [2013] WASC 207
Casotti v Pickering [2013] WASC 174
Collins v The State of Western Australia [2007] WASCA 108
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Duong v State of Western Australia [2006] WASCA 110; (2006) 32 WAR 246
Latham v The Queen [2000] WASCA 338; (2000) 117 A Crim R 74
Nikora v The State of Western Australia [2018] WASCA 235
SBJ v The State of Western Australia [2019] WASCA 32; (2019) 54 WAR 310
Thiess v Collector of Customs [2014] HCA 12; (2014) 250 CLR 664
Table of Contents
Introduction and summary
Background facts
Proceedings before the learned magistrate
Appeal before Justice Hill
Grounds of appeal
Statutory context
Grounds 1, 2 and 3 – is s 86 irrelevant to the type of sentence that may be imposed?
Ground 4 – does the prohibition in s 86 apply to suspended imprisonment?
Conclusion
JUDGMENT OF THE COURT:
Introduction and summary
This is a State appeal against the decision of Hill J, in which her Honour allowed the respondent's appeal against the sentence imposed upon her in the Magistrates Court for an offence of failing to comply with a direction given under the Emergency Management Act 2005 (WA).[1] The particular direction, the subject of the charge, was the Quarantine (Closing the Border) Directions made under the Emergency Management Act in response to the COVID‑19 pandemic.
[1] See Emergency Management Act 2005 (WA) (Emergency Management Act), s 86.
The public interest underlying the Quarantine (Closing the Border) Directions is obvious and requires…
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- AGLC
- DPP (Vic) v O'Brien [2021] WASCA 27
- Case
- [2021] WASCA 27
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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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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