JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: DUGGAN -v- COELHO [2009] WASC 372
CORAM: HALL J
HEARD: 30 NOVEMBER 2009
DELIVERED : 10 DECEMBER 2009
FILE NO/S: SJA 1106 of 2009
BETWEEN: GEOFFREY ALAN DUGGAN
Appellant
AND
STEPHEN GERRARD COELHO
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE P M HEANEY
Citation :PE 42233 of 2009
Catchwords:
Criminal law - Sentencing - Unlawful wounding - Whether suspended sentence adequately considered - Whether adequate credit given for personal factors and early guilty plea
Legislation:
Sentencing Act 1995 (WA), s 6, s 39, s 76
Result:
Appeal allowed
Appellant resentenced
Category: B
Representation:
Counsel:
Appellant: Mr H Sklarz
Respondent: Mr D Krueger
Solicitors:
Appellant: Henry Sklarz
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Chan v The Queen (1989) 38 A Crim R 337
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Etrelezis v The Queen [2001] WASCA 327
Evans v Vanderheide [2001] WASCA 352
House v The King (1936) 55 CLR 499
Janerka v Bethell [2002] WASCA 198
Johnson v Hayter [2001] WASCA 118
Messaoui v The Queen (Unreported, WACCA, Library No 92101, 4 December 1991)
Nevermann v The Queen (1989) 43 A Crim R 347
HALL J: On 6 June 2009 the appellant was socialising with friends at the Hyde Park Hotel. A person in the appellant's group became involved in an argument with another man near the dance floor. The argument escalated to involve pushing and shoving and the appellant became involved. At this time the man who was later to become the victim of unlawful wounding was rugby‑tackled by the appellant. The parties then separated and the appellant walked outside.
About 5 ‑ 10 minutes later the appellant walked back into the premises, took a glass from another patron standing near the dance floor and walked over to the victim. The victim was standing with his back to the appellant who then struck the victim to the left side of his head with the glass that he was holding. The victim received three lacerations to his face in the vicinity of his left eye which required five stitches. There followed further fighting in which the appellant also suffered head wounds.
On 7 August 2009 the appellant appeared in the Magistrates Court at Perth and pleaded guilty to one charge of unlawful wounding: s 301(1) Criminal Code (WA). After hearing the facts, the magistrate adjourned the matter to 10 September 2009 and ordered that a pre‑sentence report be obtained. On 10 September 2009 the magistrate heard sentencing submissions and then imposed a sentence of 18 months' immediate imprisonment. The appellant appeals against that sentence.
Grounds of appeal
The grounds of appeal are as follows:
1.The learned Magistrate erred in law by failing to properly consider all other sentencing options…
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- AGLC
- Duggan v Coelho [2009] WASC 372
- Case
- [2009] WASC 372
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the trial judge had adequately considered the personal factors of the appellant, including his age, background, and the circumstances of the offence, and whether the judge had appropriately taken into account the appellant's early guilty plea. The court was required to determine whether the sentence imposed was just and whether the suspension of the sentence was appropriate given the circumstances. The central issue was whether the sentence reflected the principles of proportionality and rehabilitation, which are key considerations in sentencing under Australian law.
The court found that the trial judge had not adequately considered the personal factors of the appellant, particularly his age and background, and had not sufficiently recognised the significance of his early guilty plea. The court held that the judge had failed to give adequate weight to these factors in determining the sentence, which resulted in a disproportionate and unjust outcome. The court noted that while the offence was serious, the personal circumstances of the appellant warranted a more lenient sentence. The judge's failure to adequately consider these factors led the court to conclude that the sentence was inappropriate and that a reassessment was necessary. The court ordered a re-sentencing hearing to ensure that all relevant factors were appropriately considered.
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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