EDGILL -v- STILWELL [2016] WASC 246
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2016] WASC 246 | |
| Case No: | SJA:1029/2016 | 29 JUNE 2016 | |
| Coram: | LE MIERE J | 11/08/16 | |
| 13 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed in part | ||
| B | |||
| PDF Version |
| Parties: | COEN JOSEPH LEIGH EDGILL ANDREW THOMAS STILWELL AMBER JAYNE HARVEY MATTHEW JAMES RAVEN LOGAN ROBERT HENDERSON CASSANDRA JADE GUNN PAUL THOMAS CASEY |
Catchwords: | Appeal against sentence Extension of time to appeal Whether magistrate failed to consider suspending imprisonment Whether substantial miscarriage of justice where suspending term of imprisonment was open Whether manifestly excessive Whether outside range of sound exercise of sentencing discretion Where backdating did not take account of entire time spent in custody Appeal allowed in part Turns on own facts |
Legislation: | Nil |
Case References: | Dinsdale v The Queen (2000) 202 CLR 321 Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321 Fogg v The State of Western Australia [2011] WASCA 11 Howlett v Hesp [2012] WASC 351 Powell v The State of Western Australia [2010] WASC 54 Roffey v The State of Western Australia [2007] WASCA 246 Samuel v The State of Western Australia [2004] WASCA 154 Ward v The State of Western Australia [2011] WASCA 172 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
ANDREW THOMAS STILWELL
First Respondent
AMBER JAYNE HARVEY
Second Respondent
MATTHEW JAMES RAVEN
Third Respondent
LOGAN ROBERT HENDERSON
Fourth Respondent
CASSANDRA JADE GUNN
Fifth Respondent
PAUL THOMAS CASEY
Sixth Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE R S HUSTON
File No : MI 5545 of 2015, MI 5546 of 2015, MI 5547 of 2015, MI 6901 of 2015, MI 6902 of 2015, MI 6903 of 2015, AR 7212 of 2015, AR 7213 of 2015, MI 8605 of 2015, MI 8606 of 2015, PE 44640 of 2015, PE 44641 of 2015, PE 44642 of 2015, PE 44643 of 2015, PE 60570 of 2015, PE 60571 of 2015, PE 60572 of 2015, PE 60573 of 2015, PE 60574 of 2015, PE 60575 of 2015
Catchwords:
Appeal against sentence - Extension of time to appeal - Whether magistrate failed to consider suspending imprisonment - Whether substantial miscarriage of justice where suspending term of imprisonment was open - Whether manifestly excessive - Whether outside range of sound exercise of sentencing discretion - Where backdating did not take account of entire time spent in custody - Appeal allowed in part - Turns on own facts
Legislation:
Nil
Result:
Appeal allowed in part
Category: B
Representation:
Counsel:
Appellant : Ms N R Sinton
First Respondent : Ms K C Cook
Second Respondent : Ms K C Cook
Third Respondent : Ms K C Cook
Fourth Respondent : Ms K C Cook
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- Edgill v Stilwell [2016] WASC 246
- Case
- [2016] WASC 246
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the magistrate had erred in not considering the suspension of the imprisonment term, whether this omission constituted a substantial miscarriage of justice, and whether the sentence was manifestly excessive or outside the range of sound sentencing discretion. The court also needed to consider the appropriateness of backdating the sentence to account for time already spent in custody.
In determining the appeal, the court held that the magistrate's failure to consider the suspension of the imprisonment term was an error. However, the court found that this did not necessarily result in a substantial miscarriage of justice. The court examined the sentence in detail and concluded that while it was on the higher end of the scale, it was not manifestly excessive or outside the range of sound exercise of sentencing discretion. The court also noted that the backdating of the sentence did not fully account for the entire time spent in custody. Based on these findings, the court allowed the appeal in part and ordered a reconsideration of the sentence with appropriate adjustments.
Orders
Orders of the court
Appeal allowed in part
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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