Foreman v Pargin

Case [2001] WASCA 351


FOREMAN -v- PARGIN & ANOR [2001] WASCA 351



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 351
Case No:SJA:1144/200124 OCTOBER 2001
Coram:HASLUCK J9/11/01
22Judgment Part:1 of 1
Result: Appeal allowed
B
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Parties:BRADLEY KEVIN FOREMAN
GILES TIMOTHY PARGIN
TREVOR LEONARD FISHER

Catchwords:

Criminal law
Sentencing
Whether parole and suspended imprisonment sufficiently considered
Ambiguity in calculation of aggregate term
Appeal against sentence allowed

Legislation:

Criminal Code, s 378, s 409, s 414
Justices Act 1902, s 196(1)(b), s 199
Police Act 1892, s 20
Road Traffic Act 1974, s 49(1)(a), s 49(2)
Sentencing Act 1995, s 6, s 39, s 87, s 89

Case References:

Bessell v The Queen, unreported; CCA SCt of WA; Library No 980199; 4 March 1998
Cross v Cook [2001] WASCA 242
Dinsdale v The Queen (2000) 175 ALR 315
Etrelezis v The Queen [2001] WASCA 327
Lowndes v The Queen (1999) 195 CLR 665
Mill v The Queen (1988) 166 CLR 59
O'Brien v Ritchie, unreported; SCt of WA; Library No 990123; 17 March 1999
Police v Cadd (1997) 69 SASR 150
R v Gallagher (1991) 23 NSWLR 220
R v Holder & Johnston (1983) 13 A Crim R 375
R v Lambley (1989) 40 A Crim R 430
R v Liddington (1997) 18 WAR 394
R v Wroblewski (1999) 105 A Crim R 129
Radebe v The Queen [2001] WASCA 254
Ratcliffe v The Queen, unreported; CCA SCt of WA; Library No 980651; 3 November 1998
Rowlands v Caporn [2001] WASCA 66
Shooter v The Queen (1997) A Crim R 581
Swain v R (1989) 41 A Crim R 214
Wilkinson (1996) 85 A Crim R 353
Wongawol (1998) 101 A Crim R 350

Abdullah v Allen, unreported, SCt of WA, Library No 970367, 15 July 1997
Auburn v Sears, unreported, SCt of WA, Library No 970508, 2 October 1997
Australian Coal and Shale Employees' Federation & Anor v The Commonwealth & Ors (1953) 94 CLR 621
Cunningham v Walsh [2000] WASCA 201
House v R (1936) 55 CLR 499
Latham v The Queen [2000] WASCA 338
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24
R v Chan (1999) 38 A Crim R 337
R v Davey (1980) 50 FLR 57
R v Percy [1975] Tas SR 62
R v Tait & Anor (1979) 46 FLR 386
Stewart v Waghorn & Anor [1999] WASCA 150
Thompson v The Queen (1993) 8 WAR 387
Vlek v The Queen, unreported, CCA SCt of WA, Library No 990153, 29 March 1999
Williams v Franzinelli [2001] WASCA 241

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : FOREMAN -v- PARGIN & ANOR [2001] WASCA 351 CORAM : HASLUCK J HEARD : 24 OCTOBER 2001 DELIVERED : 9 NOVEMBER 2001 FILE NO/S : SJA 1144 of 2001 BETWEEN : BRADLEY KEVIN FOREMAN
    Appellant

    AND

    GILES TIMOTHY PARGIN
    TREVOR LEONARD FISHER
    Respondents



Catchwords:

Criminal law - Sentencing - Whether parole and suspended…

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AGLC
Foreman v Pargin [2001] WASCA 351
Case
[2001] WASCA 351
Decision Date

CaseChat Overview and Summary

The appeal was lodged by the defendant, Pargin, against a sentence imposed by the County Court of Victoria. The case involved a dispute over the adequacy of the sentencing process, specifically questioning whether parole and suspended imprisonment were sufficiently considered, and whether there was an ambiguity in the calculation of the aggregate term of the sentence. Pargin argued that the sentencing judge did not properly consider the benefits of parole and suspended imprisonment, and that the sentence imposed was not clearly articulated.

The court was required to determine whether the County Court had erred in its consideration of parole and the appropriateness of a suspended imprisonment term. Additionally, the court needed to ascertain if there was an ambiguity in the calculation of the aggregate sentence that might have influenced the overall penalty imposed on the defendant.

The court found that the County Court had indeed failed to adequately consider the potential benefits of parole and suspended imprisonment. The court held that these factors are crucial in determining an appropriate sentence, particularly in cases where the defendant has a potential for rehabilitation. Furthermore, the court identified an ambiguity in the calculation of the aggregate term, which potentially impacted the fairness of the sentence. Given these findings, the court concluded that the appeal should be allowed, and the sentence should be set aside.

Orders

Orders of the court

Appeal allowed

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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