"DRI" (A CHILD) -v- READ [2004] WASCA 240

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2004] WASCA 240
Court:	COURT OF CRIMINAL APPEAL
Case No:	CCA:141/2004	Heard:	7 OCTOBER 2004
Coram:	STEYTLER J MCKECHNIE J SIMMONDS J	Delivered:	7/10/04
No of pages:	9	Judgment Part:	1 of 1
Result:	Appeal allowed. Sentence imposed by President of the Children's Court set , aside. In lieu the appellant is sentenced to a period of 9 months, suspended , for 2 years., Appellant disqualified from holding or obtaining a motor vehicle driver's , licence for a period of 2-1/2 years from 29 June 2004.
Category:	D
PDF Version

Parties:	"DRI" (A CHILD) ROBERT STANLEY READ
Catchwords:	Criminal law and procedure Sentence Road traffic Dangerous driving causing death Sentence of imprisonment Whether sentence should have been suspended No new principles
Legislation:	Nil
Case References:	Dinsdale v The Queen (2000) 202 CLR 321 Wood v The Queen [2002] WASCA 95 Ainsworth v D (a child) (1992) 7 WAR 102 Casserley v The Queen; SCt of WA; Library No 990164; 31 March 1999 Kay v The Queen [2004] WASCA 222 Parsons v The Queen (2000) 32 MVR 319 R v Guilfoyle [1973] 2 All ER 844 Ravi-Pinto v Power, unreported; SCt of WA; Library No 930647; 26 November 1993

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : "DRI" (A CHILD) -v- READ [2004] WASCA 240 CORAM : STEYTLER J

MCKECHNIE J

SIMMONDS J

HEARD : 7 OCTOBER 2004 DELIVERED : 7 OCTOBER 2004 FILE NO/S : CCA 141 of 2004 BETWEEN : "DRI" (A CHILD)

Appellant

AND

ROBERT STANLEY READ

Respondent

ON APPEAL FROM:

Jurisdiction : CHILDREN'S COURT

Coram : HIS HONOUR JUDGE REYNOLDS

File Number : CC 2281/04

Catchwords:

Criminal law and procedure - Sentence - Road traffic - Dangerous driving causing death - Sentence of imprisonment - Whether sentence should have been suspended - No new principles

(Page 2)

Legislation:

Nil

Result:

Appeal allowed. Sentence imposed by President of the Children's Court set aside. In lieu the appellant is sentenced to a period of 9 months, suspended for 2 years.

Appellant disqualified from holding or obtaining a motor vehicle driver's licence for a period of 2-1/2 years from 29 June 2004.

Category: D

Representation:

Counsel:

Appellant : Mr I Weldon

Respondent : Mr R E Cock QC & Mr S P Formby

Solicitors:

Appellant : Altorfer & Stow

Respondent : State Director of Public Prosecutions

(Page 3)

Case(s) referred to in judgment(s):

Dinsdale v The Queen (2000) 202 CLR 321
R v Wood (2000) 130 A Crim R 518

Case(s) also cited:

Ainsworth v D (a child) (1992) 7 WAR 102
Casserley v The Queen; SCt of WA; Library No 990164; 31 March 1999
Kay v The Queen [2004] WASCA 222
Parsons v The Queen (2000) 32 MVR 319
R v Guilfoyle [1973] 2 All ER 844
Ravi-Pinto v Power, unreported; SCt of WA; Library No 930647; 26 November 1993

(Page 4)

1 MCKECHNIE…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading "DRI" (A Child) v Read

Details

AGLC: "DRI" (A Child) v Read [2004] WASCA 240
Case: [2004] WASCA 240
Decision Date: 7 OCTOBER 2004

CaseChat Overview and Summary

In the matter of "DRI" (a child) versus Read, the case was heard in the New South Wales Court of Appeal. The appellant, DRI, was convicted of dangerous driving causing death and was sentenced to imprisonment by the President of the Children's Court. The respondent, Read, sought to challenge the appropriateness of the sentence. The central issue before the court was whether the sentence imposed by the Children's Court President was appropriate, and if not, what alternative sentence should be imposed.

The court considered whether the sentence should have been suspended, and whether there were any new principles that should be applied in determining the appropriate sentence for the appellant. The court found that there were no new principles that needed to be considered and that the sentence imposed by the Children's Court President was not appropriate. The court held that the appellant should be sentenced to a period of 9 months imprisonment, suspended for 2 years, and disqualified from holding or obtaining a motor vehicle driver's licence for a period of 2-1/2 years from 29 June 2004.

The court held that the appellant's age, previous good character, and the circumstances of the offence were all relevant factors to be considered in determining the appropriate sentence. The court found that the appellant's age and previous good character were mitigating factors that weighed in favour of a suspended sentence. The court also held that the circumstances of the offence, including the fact that the appellant had caused the death of another person, were aggravating factors that weighed against a suspended sentence. However, the court found that the mitigating factors outweighed the aggravating factors, and that a suspended sentence was the appropriate sentence in this case.

The court allowed the appeal, set aside the sentence imposed by the President of the Children's Court, and in lieu, sentenced the appellant to a period of 9 months imprisonment, suspended for 2 years, and disqualified the appellant from holding or obtaining a motor vehicle driver's licence for a period of 2-1/2 years from 29 June 2004.

Orders

Orders of the court

Appeal allowed. Sentence imposed by President of the Children's Court set , aside. In lieu the appellant is sentenced to a period of 9 months, suspended , for 2 years., Appellant disqualified from holding or obtaining a motor vehicle driver's , licence for a period of 2-1/2 years from 29 June 2004.

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.