DVH v The State of Western Australia
[2015] WASCA 213
•27 OCTOBER 2015
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: DVH -v- THE STATE OF WESTERN AUSTRALIA [2015] WASCA 213
CORAM: BUSS JA
MAZZA JA
CHANEY J
HEARD: 7 MAY 2015
DELIVERED : 27 OCTOBER 2015
FILE NO/S: CACR 96 of 2014
BETWEEN: DVH
Appellant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
ON APPEAL FROM:
Jurisdiction : CHILDREN'S COURT OF WESTERN AUSTRALIA
Coram :REYNOLDS DCJ
Citation :[2014] WACC 3
File No :CCPE 195 of 2014
Catchwords:
Criminal law - Appeal against sentence - Related appeal against conviction allowed - Appeal against sentence moot
Legislation:
Criminal Code (WA), s 280, s 281
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: Mr S Corish & Mr R F Owen
Respondent: Mr L M Fox
Solicitors:
Appellant: Aboriginal Legal Service (WA)
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
TB v The State of Western Australia [2015] WASCA 212
BUSS JA: This is an appeal against sentence.
The appellant and three other male juveniles, including TB, were convicted, after a trial in the Children's Court before Reynolds DCJ, of the manslaughter of Tauri Litchfield, contrary to s 280 of the Criminal Code (WA) (the Code).
The primary judge sentenced the appellant to 5 years 6 months' detention.
The appellant and TB appealed to this court against conviction. Those appeals have been allowed, the judgments of conviction for manslaughter have been set aside and judgments of conviction for unlawful assault causing death, contrary to s 281 of the Code, have been entered. This court has sentenced the appellant and TB for the offence of unlawful assault causing death. See TB v The State of Western Australia [2015] WASCA 212.
In these circumstances, the appellant's appeal against the sentence imposed on him for manslaughter is moot.
The appropriate order is for the appellant's appeal against sentence to be dismissed. I would make that order.
MAZZA JA: I agree with Buss JA.
CHANEY J: I agree with Buss JA.
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