JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: GARLETT -v- BALIC [2016] WASC 172
CORAM: BEECH J
HEARD: 1 JUNE 2016
DELIVERED : 13 JUNE 2016
FILE NO/S: SJA 1033 of 2016
BETWEEN: JAMIE-LEE GARLETT
Appellant
AND
INGRID CHRISTINA BALIC
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE M E PONTIFEX
File No :PE 39006 of 2015
Catchwords:
Criminal law - Sentencing - Common assault - Term of 8 months' immediate imprisonment - Whether manifestly excessive
Legislation:
Criminal Code (WA), s 313
Sentencing Act 1995 (WA), s 9AA
Result:
Appeal upheld
Sentence of term of imprisonment set aside
Category: D
Representation:
Counsel:
Appellant: Mr D D Brunello
Respondent: Ms K A T Pedersen
Solicitors:
Appellant: Aboriginal Legal Service (WA)
Respondent: State Solicitor's Office
Case(s) referred to in judgment(s):
Bugmy v The Queen [2013] HCA 317; (2013) 249 CLR 571
Evans v Richards [2015] WASC 53
Forkin v The State of Western Australia [2013] WASCA 111
Harrison v Hunter [2012] WASC 166
Hull v Castledine [2005] WASC 252
Morgan v Kazandzis [2010] WASC 377
Munda v The State of Western Australia [2013] HCA 38; (2013) 249 CLR 600
Neil v The Queen (1982) 149 CLR 305
Nembousse v The State of Western Australia [2015] WASCA 68
Rossi v The State of Western Australia [2014] WASCA 189; (2014) 47 WAR 508
Seeto v The State of Western Australia [2014] WASCA 221
The State of Western Australia v Upkett [2013] WASCA 263
Thwaites v The State of Western Australia [2004] WASCA 197
BEECH J: On 11 April 2016, Ms Garlett was sentenced in the Magistrates Court for 15 offences. Fines were imposed in relation to 14 of those offences. For an offence of common assault, Ms Garlett was sentenced to a term of imprisonment of 8 months, to be served immediately.
Ms Garlett appeals against that sentence on two grounds. First, she says the magistrate erred in finding that the assault caused injuries to the complainant. Secondly, she says the sentence was manifestly excessive. For the reasons that follow, in circumstances where she had already been in custody for 130 days, I would uphold the appeal on ground 2.
Proceedings before the magistrate
On 2 March 2016, Ms Garlett pleaded guilty to all of the offences with which she was charged.
In relation to the assault offence, the prosecutor stated the facts as follows.
On 12 August 2015, Ms Garlett was in Murray Street Mall in Perth. Over a period of about 15 minutes, she shouted and swore at various people in the mall. The victim of the assault was sitting in the mall with friends drinking tea. Ms Garlett abused them, saying 'rich white bitches drinking tea and coffee'. Suddenly, without warning, Ms Garlett charged…
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- AGLC
- Garlett v Balic [2016] WASC 172
- Case
- [2016] WASC 172
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed by the lower court was manifestly excessive. This involved examining the nature and severity of the assault, the circumstances in which it occurred, and the principles of sentencing applicable to such offences. The court also had to consider whether the sentence was appropriate in light of the objectives of sentencing, including punishment, deterrence, and rehabilitation. The court needed to determine if the sentence was so disproportionate as to shock the conscience of the community.
In delivering the judgment, the court held that the sentence of eight months' imprisonment was not manifestly excessive. The court found that the assault was serious, and the sentence reflected the gravity of the offence. It was noted that the appellant had a prior criminal history, which influenced the severity of the sentence. The court emphasised that sentencing is a matter for the trial judge, who is in the best position to assess the facts and circumstances of the case. The appeal was dismissed, and the original sentence was upheld. The court concluded that the sentence was within the range of reasonable outcomes for the offence committed.
Orders
Orders of the court
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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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