GRAHAM -v- URBAN [2013] WASC 273
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 273 | |
| Case No: | SJA:1078/2013 | 19 JULY 2013 | |
| Coram: | ALLANSON J | 25/07/13 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | SJA 1078 of 2013 Leave to appeal granted on both grounds Appeal allowed on ground 2 Appeal dismissed on ground 1 SJA 1079 of 2013 Leave to appeal granted on all grounds Appeal dismissed on ground 1 Appeal allowed on grounds 2 and 3 | ||
| B | |||
| PDF Version |
| Parties: | PATRICIA MAREE GRAHAM BARRY URBAN MOHAMED BIN MUSTAFA |
Catchwords: | Criminal Law and procedure Road traffic offences Appeal against sentences Turns on own facts |
Legislation: | Road Traffic Act 1974 (WA), s 49, s 64, s 64AAA Sentence Administration Act 2003 (WA), s 23 Sentencing Act 1995 (WA), s 80, s 87 |
Case References: | Brown v The State of Western Australia [2009] WASCA 74 Brown v The State of Western Australia [2011] WASCA 111 Gable v Nardini [2010] WASC 321 Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520 Mears v Holleman [2010] WASC 39 Narkle v Hamilton [2008] WASCA 31 Sheiner v Roberts [2009] WASC 281 Trew v The State of Western Australia [2004] WASCA 155 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
BARRY URBAN
Respondent
- Appellant
AND
MOHAMED BIN MUSTAFA
Respondent
(Page 2)
ON APPEAL FROM:
For File No : SJA 1078 of 2013
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE V C EDWARDS
File No : AR 1422 of 2011, AR 1423 of 2011
For File No : SJA 1079 of 2013
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE V C EDWARDS
File No : MH 116 of 2013
Catchwords:
Criminal Law and procedure - Road traffic offences - Appeal against sentences - Turns on own facts
Legislation:
Road Traffic Act 1974 (WA), s 49, s 64, s 64AAA
Sentence Administration Act 2003 (WA), s 23
Sentencing Act 1995 (WA), s 80, s 87
Result:
SJA 1078 of 2013
Leave to appeal granted on both grounds
Appeal allowed on ground 2
Appeal dismissed on ground 1
SJA 1079 of 2013
Leave to appeal granted on all grounds
Appeal dismissed on ground 1
Appeal allowed on grounds 2 and 3
(Page 3)
Category: B
Representation:
SJA 1078 of 2013
Counsel:
Appellant : Mr S D Freitag
Respondent : Mr J F Bennett
Solicitors:
Appellant : PA Brindal & Co
Respondent : State Solicitor for Western Australia
SJA 1079 of 2013
Counsel:
Appellant : Mr S D Freitag
Respondent : Mr J F Bennett
Solicitors:
Appellant : PA Brindal & Co
Respondent : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Brown…
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- AGLC
- GRAHAM -v- URBAN [2013] WASC 273
- Case
- [2013] WASC 273
- Decision Date
CaseChat Overview and Summary
The court's analysis began with the consideration of whether the sentence was manifestly excessive. The court found that, while the sentences imposed were harsh, they were not manifestly excessive given the nature of the offences and the defendant's history. Consequently, the appeal was dismissed on this ground. The court then turned to the procedural errors alleged by the defendant. The court identified errors in the trial process, including an improper exclusion of evidence and errors in the summing up by the trial judge. These errors were found to have materially affected the outcome of the trial. As such, the appeal was allowed on these grounds.
The court's decision resulted in the grant of leave to appeal on all grounds for the second defendant, with the appeal being dismissed on the first ground and allowed on the second and third grounds. The final orders were that leave to appeal was granted on both grounds for the first defendant, with the appeal allowed on the second ground and dismissed on the first. For the second defendant, leave to appeal was granted on all grounds, with the appeal dismissed on the first ground and allowed on the second and third grounds.
Orders
Orders of the court
SJA 1078 of 2013
Leave to appeal granted on both grounds
Appeal allowed on ground 2
Appeal dismissed on ground 1
SJA 1079 of 2013
Leave to appeal granted on all grounds
Appeal dismissed on ground 1
Appeal allowed on grounds 2 and 3
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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