Fall v Vuolo

Case [2022] ACTSC 249


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Fall v Vuolo

Citation:

[2022] ACTSC 249

Hearing Date:

24 August 2022

DecisionDate:

15 September 2022

Before:

Kennett J

Decision:

See [40]

Catchwords:

CRIMINAL LAW – APPEAL – Appeal from ACT Magistrates Court – appeal against sentence – stalking – where conviction was not recorded – whether Magistrate erred in finding offending was at the lowest level of objective seriousness – whether Magistrate erred in finding that there was extra-curial punishment – whether sentence imposed was manifestly inadequate – appeal allowed on the ground of manifest inadequacy and conviction recorded

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Crimes (Sentencing) Act 2005 (ACT) s 17, 33
Crimes Act 1900 (ACT) s 35
Criminal Appeal Act 1912 (NSW) s 5D
Evidence Act 2011 (ACT) s 4
Family Law Act 1975 (Cth)

Magistrates Court Act 1930 (ACT) ss 219B, 219D, 219F

Cases Cited:

Amberger v Stagg [2019] ACTMC 26

Bennet v Daley [2021] ACTSC 159
Dalton v The Queen [2015] ACTCA 48
DD v Ilievski [2016] ACTSC 115
Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Director of Public Prosecutions v Ristevski [2019] VSCA 287
Green v The Queen [2011] HCA 49; 244 CLR 462
Griffiths v The Queen (1977) 137 CLR 293
Hili v The Queen [2010] HCA 45; 242 CLR 520
House v The King (1936) 55 CLR 499
Kirby v Ali [2021] ACTSC 95
Morrison v Maher (No 2) [2022] ACTSC 63
Police v Paul Stanik [2022] ACTMC 2
R v Baker [2000] NSWCCA 85
R v Clarke (1996) 85 A Crim R 114
R v Conway [2017] ACTSC 275
R v Daetz [2003] NSWCCA 216; 139 A Crim R 398
R v DD [2017] ACTSC 109
R v Duffy [2014] ACTCA 53; 297 FLR 359
R v EN [2020] ACTSC 302
R v EP [2019] ACTSC 242
R v Gatica [2020] ACTSC 22
R v Hannigan [2009] QCA 40
R v Hutchinson [2014] ACTCA 29
R v Kulcycski [2018] ACTSC 9
R v McPartland & Polkinghorne [2014] SASCFC 84
R v NO (No 2) [2018] ACTSC 39
R v Riddle [2010] ACTCA 8; 4 ACTLR 153
R v TW [2011] ACTCA 25; 6 ACTLR 18
R v UG [2020] ACTCA 8; 281 A Crim R 273
Ryan v The Queen [2001] HCA 21; 206 CLR 267
Stanford v The Queen [2007] NSWCCA 73
The Queen v Stacker [2020] ACTCA 34

Wong v The Queen [2001] HCA 64; 207 CLR 584

Parties:

Nicholas Fall ( Appellant)

Teijo Tapani Vuolo ( Respondent)

Representation:

Counsel

R Christensen SC ( Appellant)

F J Purnell SC ( Respondent)

Solicitors

ACT Director of Public Prosecutions ( Appellant)

Aulich Criminal Law ( Respondent)

File Number:

SCA 13 of 2022

Decision under appeal: 

Court/Tribunal:             Magistrates Court of the ACT

Before:  Magistrate Theakston

Date of Decision:          20 April 2022

Case Title:  Fall v Vuolo

Court File Number:      CC2020/14257

KENNETT J:

  1. Following a trial in the…

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Fall v Vuolo [2022] ACTSC 249
Case
[2022] ACTSC 249
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CaseChat Overview and Summary

In Fall v Vuolo, the appellant, Nicholas Fall, sought to appeal a decision of the Magistrates Court of the Australian Capital Territory, which had convicted the respondent, Teijo Tapani Vuolo, of stalking under s 35 of the Crimes Act 1900 (ACT) but had imposed no conviction and instead made a good behaviour order for a period of 12 months. The appellant appealed on the basis that the Magistrate had erred in finding the offending was at the lowest level of objective seriousness, that there was extra-curial punishment, and that the sentence imposed was manifestly inadequate. The appeal was dismissed on the first two grounds, but allowed on the third. The Court held that the objective seriousness of the offending was not as low as the Magistrate had found, that there was no error in principle in the Magistrate taking into account the extra-curial punishment suffered by the respondent, and that the sentence was manifestly inadequate because it would not adequately deter or denounce the offending, nor was it consistent with other recent sentencing decisions. The Court set aside the sentence imposed by the Magistrate, convicted the respondent of the offence of stalking, and imposed a good behaviour order for a period of 12 months.

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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