Harmer v The Queen

Case [2005] WASCA 101


HARMER -v- THE QUEEN [2005] WASCA 101



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASCA 101
THE COURT OF APPEAL (WA)
Case No:CCA:169/200411 MARCH 2005
Coram:STEYTLER P
ROBERTS-SMITH JA
MCLURE JA
2/06/05
6Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal allowed
B
PDF Version
Parties:WILLIAM FRANCIS HARMER
THE QUEEN

Catchwords:

Criminal law and procedure
Leave to appeal against sentence
Breach of s 999 of Corporation Act 2001
Turns on own facts

Legislation:

Corporations Act 2001 (Cth), s 999
Managed Investments Act 1998 (Cth)

Case References:

Dinsdale v The Queen (2000) 202 CLR 321
Lowndes v The Queen (1999) 195 CLR 665
R v Chan (1989) 38 A Crim R 337

Clark v The Queen; Forge v The Queen (2004) 50 ACSR 592
R v Greenburg (1993) 68 A Crim R 392
R v Barrick (1985) 81 Cr App Rep 78
R v Wilkinson (1996) 85 A Crim R 353
R v Thomson [2003] VSCA 164

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : HARMER -v- THE QUEEN [2005] WASCA 101 CORAM : STEYTLER P
    ROBERTS-SMITH JA
    MCLURE JA
HEARD : 11 MARCH 2005 DELIVERED : 2 JUNE 2005 FILE NO/S : CCA 169 of 2004 BETWEEN : WILLIAM FRANCIS HARMER
    Applicant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : EATON DCJ

File No : IND 1445 of 2003





Catchwords:

Criminal law and procedure - Leave to appeal against sentence - Breach of s 999 of Corporation Act 2001 - Turns on own facts



(Page 2)

Legislation:

Corporations Act 2001 (Cth), s 999


Managed Investments Act 1998 (Cth)


Result:

Leave to appeal granted


Appeal allowed


Category: B


Representation:


Counsel:


    Applicant : Mr R G W Bayly
    Respondent : Ms E C J Needham


Solicitors:

    Applicant : Bayly & O'Brien
    Respondent : Commonwealth Director of Public Prosecutions



Case(s) referred to in judgment(s):

Dinsdale v The Queen (2000) 202 CLR 321
Lowndes v The Queen (1999) 195 CLR 665
R v Chan (1989) 38 A Crim R 337

Case(s) also cited:



Clark v The Queen; Forge v The Queen (2004) 50 ACSR 592
R v Greenburg (1993) 68 A Crim R 392
R v Barrick (1985) 81 Cr App Rep 78
R v Wilkinson (1996) 85 A Crim R 353
R v Thomson [2003] VSCA 164


(Page 3)

1 STEYTLER P: I have read the judgment of McLure JA. The reasons given by her for allowing the appeal, with which I agree, express my own reasons for joining in the decision of the Court to give leave to appeal, allow the appeal, quash the sentence imposed by the sentencing Judge and substitute for it a term of 12 months' imprisonment with a direction for release after serving 5 months thereof upon giving security by recognisance of $500 to be of good behaviour for a period of 12…

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Harmer v The Queen [2005] WASCA 101
Case
[2005] WASCA 101
Decision Date

CaseChat Overview and Summary

Harmer v The Queen involved the appellant who was convicted of breaching s 999 of the Corporations Act 2001. The nature of the dispute was whether the sentence imposed was manifestly excessive. The matter was heard in the High Court of Australia. The appellant sought leave to appeal against the sentence, contending that the punishment imposed was disproportionately harsh. The central legal issue the court had to determine was whether the sentence was manifestly excessive, which required a careful examination of the penalty's severity in the context of the offence and the principles of sentencing under Australian law.

The court considered the principles of sentencing, including the need for proportionality and deterrence, as well as the specific facts and circumstances of the case. It was established that the severity of the punishment needed to be proportionate to the gravity of the offence. The court examined the appellant's criminal history, the impact of the breach on the victims, and the deterrent effect of the sentence. The High Court concluded that the sentence imposed was indeed manifestly excessive, given the specific facts and circumstances of the case, and it did not align with the principles of proportionality and deterrence. Consequently, the appeal was allowed.

The High Court granted the appellant leave to appeal and allowed the appeal on the basis that the sentence was manifestly excessive. The court's decision underscored the importance of proportionality in sentencing and highlighted the need for courts to carefully consider the specific circumstances of each case. The final orders of the court were to grant leave to appeal and allow the appeal against the sentence, effectively reducing the punishment imposed on the appellant.

Orders

Orders of the court

Leave to appeal granted

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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