HAYWARD -v- MARTIN [2014] WASC 309
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASC 309 | |
| 03/09/2014 | |||
| Case No: | SJA:1051/2014 | 8 AUGUST 2014 | |
| Coram: | JENKINS J | 8/08/14 | |
| 21 | Judgment Part: | 1 of 1 | |
| Result: | 1. Leave to appeal granted. 2. Appeal allowed. 3. On prosecution notice PE 38641 of 2013 sentence varied by substituting a suspension period of 6 months. 4. On prosecution notices PE 58342-58344 of 2013 sentences set aside, no sentence imposed and applicant released. 5. On prosecution notices PE 39452 of 2013 and PE 72766 and PE 74282 of 2014 sentence varied by substituting a CBO for 6 months. | ||
| B | |||
| PDF Version |
| Parties: | GREGORY SHAUN HAYWARD WAYNE DAVID RYAN MARTIN SAMUEL JAMES CLARK MICHAEL BRUCE O'SULLIVAN MATTHEW JOHN STEPHEN WADE BRETT STANDEN KEITH ROBERT NISBETT |
Catchwords: | Criminal law Appeal Being armed in a way that may cause fear Disorderly behaviour Fail to obey order given by police officer Offender cognitively impaired Offender with extensive prior criminal record for similar offences Taking into account time spent in custody and time on Intellectual Disability Diversion programme Turns on own facts |
Legislation: | Criminal Appeals Act 2004 (WA), s 9 Sentencing Act 1995 (WA), s 6, s 39, s 76 Weapons Act 1999 (WA), s 8 |
Case References: | Bropho v Harrison [2013] WASC 250 Chan (1989) 38 A Crim R 337 House v The King [1936] HCA 40; (1936) 55 CLR 499 King v The State of Western Australia [2013] WASCA 131 Richardson v Pickett [2008] WASC 203 Scook v The Queen [2008] WASCA 114 The State of Western Australia v Khasay [2014] WASCA 58 Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
WAYNE DAVID RYAN MARTIN
First Respondent
SAMUEL JAMES CLARK
Second Respondent
MICHAEL BRUCE O'SULLIVAN
Third Respondent
MATTHEW JOHN STEPHEN
Fourth Respondent
WADE BRETT STANDEN
Fifth Respondent
KEITH ROBERT NISBETT
Sixth Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE B A LANE
File No : PE 38641 of 2013, PE 39452 of 2013, PE 58342 of 2013, PE 58343 of 2013, PE 58344 of 2013, PE 72766 of 2014, PE 74282 of 2014
Catchwords:
Criminal law - Appeal - Being armed in a way that may cause fear - Disorderly behaviour - Fail to obey order given by police officer - Offender cognitively impaired - Offender with extensive prior criminal record for similar offences - Taking into account time spent in custody and time on Intellectual Disability Diversion programme - Turns on own facts
Legislation:
Criminal Appeals Act 2004 (WA), s 9
Sentencing Act 1995 (WA), s 6, s 39, s 76
Weapons Act 1999 (WA), s 8
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- Hayward v Martin [2014] WASC 309
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- [2014] WASC 309
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CaseChat Overview and Summary
The key legal issues involved the proportionality and appropriateness of the sentences in light of the appellant's cognitive impairments and the time he had already spent in custody. The court had to assess whether the penalties were just and whether the appellant's prior criminal history and current circumstances warranted a more lenient approach. Additionally, the court considered whether the sentences imposed adequately reflected the appellant's cognitive impairments and the time he had already spent in custody.
The Court of Appeal found that the original sentences were excessive, particularly given the appellant's cognitive impairments, his participation in the Intellectual Disability Diversion programme, and the time already served. The court emphasised the need to take into account the appellant's specific circumstances, including his cognitive impairments and prior participation in diversionary programs, when determining the appropriate penalties. The court substituted the original sentences with more lenient penalties, such as Community Based Orders (CBOs) and suspended sentences, reflecting the appellant's circumstances and the time already served. The court also set aside certain sentences, ordering the appellant's release.
The final orders included granting leave to appeal, allowing the appeal, varying certain sentences by substituting CBOs and suspension periods, setting aside other sentences, and ordering the appellant's release. These orders reflected the court's determination that the original sentences were inappropriate given the appellant's circumstances and the time already served.
Orders
Orders of the court
1. Leave to appeal granted.
2. Appeal allowed.
3. On prosecution notice PE 38641 of 2013 sentence varied by substituting a suspension period of 6 months.
4. On prosecution notices PE 58342-58344 of 2013 sentences set aside, no sentence imposed and applicant released.
5. On prosecution notices PE 39452 of 2013 and PE 72766 and PE 74282 of 2014 sentence varied by substituting a CBO for 6 months.
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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