Hawker v The Queen

Case [2020] ACTCA 40


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Hawker v The Queen

Citation:

[2020] ACTCA 40

Hearing Date:

3 August 2020

DecisionDate:

18 August 2020

Before:

Elkaim, Loukas-Karlsson and Abraham JJ

Decision:

The appeal is dismissed.

Catchwords:

APPEAL – SENTENCE – Manifest Excess – No error established – appeal dismissed

Legislation Cited:

Crimes Act 1900 (ACT) s 24
Criminal Code 2002
(ACT) s 308

Cases Cited:

Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
Lowndes v The Queen [1999] HCA 29; 195 CLR 665
Markarian v The Queen
[2005] HCA 25; 228 CLR 357
Pearce v The Queen
[1998] HCA 57; 194 CLR 610
R v Carberry
[2018] ACTSC 341
R v Henry
[1999] NSWCCA 111; 46 NSWLR 346
R v Sikounnabouth
[2018] ACTSC 296
R v Summerfield [2018] ACTCA 20
Schwalm v The Queen
[2019] ACTCA 20
Wong v The Queen
[2001] HCA 64; 207 CLR 584

Parties:

Mark John Hawker (Appellant)

The Queen (Respondent)

Representation:

Counsel

M Hawker (Appellant)

R Christensen (Respondent)

Solicitors

In person (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

ACTCA 19 of 2020

Decision under appeal: 

Court:  

Before:

Date of Decision:

Case Title:

Citation:

Supreme Court of the ACT

Mossop J

9 April 2020

R v Hawker

[2020] ACTSC 79

THE COURT:

  1. The appellant pleaded guilty to one count of theft contrary to s 308 of the Criminal Code 2002 (ACT), and one count of assault occasioning actual bodily harm contrary to s 24 of the Crimes Act 1900 (ACT) for which an aggregate sentence of 26 months and 15 days’ imprisonment with a nonparole period of 18 months was imposed.

  1. More particularly, in respect to the assault which carried a maximum penalty of 5 years’ imprisonment, a sentence of 12 months and 15 days’ imprisonment was imposed commencing on 17 January 2020. In respect to the theft which carried a maximum penalty of 10 years’ imprisonment, the appellant was sentenced to 25 months’ imprisonment commencing on 1 March 2020. A nonparole period of 18 months was imposed which commenced on 17 January 2020 and ends on 16 July 2021. The sentences had been backdated to reflect time already spent in custody. As will be apparent, the sentences were, to a significant degree, to be served concurrently. The appellant was also ordered to make reparation to the victim in the sum of $1,250 within 12 months from the date of the order.  

  1. Although the appellant appeared in this Court unrepresented, he was represented during the course of the sentencing proceedings. The appellant appeals the individual sentences alleging each is manifestly excessive. The appellant wrote a letter to the Court setting out his submissions as to the errors in relation to the sentences imposed and attached three documents which contain fresh evidence. The appellant also made some oral submissions emphasising certain aspects of his argument, in particular, his rehabilitation.

  1. For the reasons below, the appellant has not…

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AGLC
Hawker v The Queen [2020] ACTCA 40
Case
[2020] ACTCA 40
Decision Date

CaseChat Overview and Summary

Hawker appealed against a sentence imposed by the District Court of New South Wales. The appeal was heard by the Court of Criminal Appeal of New South Wales.

The central legal issue before the Court of Criminal Appeal was whether the sentence imposed by the District Court was manifestly excessive, thereby constituting an error that warranted appellate intervention.

The Court of Criminal Appeal considered the grounds of appeal and the submissions of the parties. It applied the established legal principles governing appeals against sentence, particularly the threshold for demonstrating manifest excess. After reviewing the evidence and the sentencing remarks of the trial judge, the Court concluded that no error had been established in the sentencing exercise. The sentence imposed was found not to be outside the bounds of what was reasonably open to the sentencing judge.

Consequently, the appeal was dismissed.

Orders

Orders of the court

The appeal is dismissed.

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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