Durward v Belton

Case [2012] WASC 479


DURWARD -v- BELTON [2012] WASC 479



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2012] WASC 479
Case No:SJA:1093/201228 NOVEMBER 2012
Coram:PRITCHARD J28/11/12
11Judgment Part:1 of 1
Result: Appeal allowed
B
PDF Version
Parties:MICHAEL GRAY DURWARD
TRISTON BELTON

Catchwords:

Criminal law
Appeal against sentence
Sentence of imprisonment for 6 months and 1 day
Offence contrary to s 153(1) of the Criminal Investigation Act 2006 (WA)
Whether manifestly excessive
Relevant factors
Turns on own facts

Legislation:

Criminal Appeals Act 2004 (WA) s 8(1), s 9(2)
Criminal Investigation Act 2006 (WA) s 27, s 153(1)
Criminal Law Amendment (Simple Offences) Act 2004 (WA)
Liquor Control Act 1988 (WA) s 119(4)
Police Act 1892 (WA) s 50
Sentencing Act 1995 (WA) s 6(5), s 39(3), s 76(2), s 86

Case References:

Griekspoor v Scott [2000] WASCA 419
McDougall v State of Western Australia [2009] WASCA 232
Morrow v UJC [2012] WASC 114
Samuel v State of Western Australia (2005) 30 WAR 473
Spratt v Canavan [2006] WASC 223
Strickland v Halliday (Unreported, WASC, Library No 920006, 15 January 1992)
Turvey v Clifton [2012] WASC 322


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : DURWARD -v- BELTON [2012] WASC 479 CORAM : PRITCHARD J HEARD : 28 NOVEMBER 2012 DELIVERED : 28 NOVEMBER 2012 FILE NO/S : SJA 1093 of 2012 BETWEEN : MICHAEL GRAY DURWARD
    Appellant

    AND

    TRISTON BELTON
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE B LANE

File No : PE 33993 of 2012


Catchwords:

Criminal law - Appeal against sentence - Sentence of imprisonment for 6 months and 1 day - Offence contrary to s 153(1) of the Criminal Investigation Act 2006 (WA) - Whether manifestly excessive - Relevant factors - Turns on own facts


(Page 2)



Legislation:

Criminal Appeals Act 2004 (WA) s 8(1), s 9(2)


Criminal Investigation Act 2006 (WA) s 27, s 153(1)
Criminal Law Amendment (Simple Offences) Act 2004 (WA)
Liquor Control Act 1988 (WA) s 119(4)
Police Act 1892 (WA) s 50
Sentencing Act 1995 (WA) s 6(5), s 39(3), s 76(2), s 86

Result:

Appeal allowed


Category: B


Representation:

Counsel:


    Appellant : Ms K Farley
    Respondent : Ms A B Preston-Samson

Solicitors:

    Appellant : Legal Aid (WA)
    Respondent : State Solicitor for Western Australia



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

Griekspoor v Scott [2000] WASCA 419
McDougall v State of Western Australia [2009] WASCA 232
Morrow v UJC [2012] WASC 114
Samuel v State of Western Australia (2005) 30 WAR 473
Spratt v Canavan [2006] WASC 223
Strickland v Halliday (Unreported, WASC, Library No 920006, 15 January 1992)
Turvey v Clifton [2012] WASC 322


(Page 3)
    PRITCHARD J:

    (These reasons were delivered orally and have been edited from the transcript.)


1 On 24 July 2012, Mr Durward pleaded guilty to a charge of failing to comply with an order given by an officer contrary to s 153(1) of the Criminal Investigation Act

Continue reading Durward v Belton

Sign in free to access the full text

Details
AGLC
DURWARD -v- BELTON [2012] WASC 479
Case
[2012] WASC 479
Decision Date

CaseChat Overview and Summary

The Court of Appeal heard an appeal against sentence by the appellant, Durward, who was convicted of an offence under section 153(1) of the Criminal Investigation Act 2006 (WA). The appellant was sentenced to six months and one day imprisonment, and the sentence was considered by the trial judge to be manifestly excessive. The appeal focused on the severity of the sentence imposed by the trial judge and whether it was appropriate in the circumstances of the case.

The legal issues before the court involved the assessment of whether the sentence imposed was manifestly excessive. This involved an examination of the relevant factors that should be considered in determining the appropriate sentence, such as the nature and circumstances of the offence, the culpability of the offender, and any mitigating or aggravating factors. The court was required to determine whether the trial judge had taken into account all relevant factors and whether the sentence was appropriate in light of those factors.

The Court of Appeal found that the sentence imposed by the trial judge was manifestly excessive. The court considered that the trial judge had not given sufficient weight to the mitigating factors in the case, such as the appellant's otherwise good character and his early guilty plea. The court also found that the sentence was disproportionate to the offence committed. The appeal was therefore allowed, and the sentence was set aside. The matter was remitted to the trial court for re-sentencing.

Orders

Orders of the court

Appeal allowed

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.