Hildebrand v Woodbridge

Case [2021] ACTSC 327


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Hildebrand v Woodbridge

Citation:

[2021] ACTSC 327

Hearing Date:

13 December 2021

DecisionDate:

14 December 2021

Before:

Mossop J

Decision:

See [66]

Catchwords:

CRIMINAL LAW – APPEAL – Appeal from ACT Magistrates Court – appeal against sentence – appeal by way of rehearing – assault occasioning actual bodily harm – sentence imposed not manifestly excessive – magistrate did not err in failing to make an intensive correction order – magistrate did not place undue reliance on victim impact statements – appeal dismissed

PRACTICE AND PROCEDURE – SUBPOENAS – Subpoena issued for purpose of appeal – where appellant sought to admit further evidence based on documents obtained by subpoena – no reasonable explanation for failure to adduce evidence before the magistrate – undesirability of parties failing to adduce all relevant evidence at first instance – further evidence not admitted  

Legislation Cited:

Crimes (Sentencing) Act 2005 (ACT), ss 7, 10(3), 11, 33, pt. 3.2

Crimes (Sentence Administration) Act 2005 (ACT), ss 64, 65, 66

Magistrates Court Act 1930 (ACT), s 214

Cases Cited:

Bui v The Queen [2015] ACTCA 5

Dang v Li [2021] ACTSC 179; 16 ACTLR 143
House v The King (1936) 55 CLR 499
Murray v IA [2020] ACTSC 288
R v Ang [2014] ACTCA 17
Samani v The Queen [2016] ACTCA 48
Tracey v The Queen [2020] ACTCA 51

R v De Simoni (1981) 147 CLR 383

Parties:

Trai Hildebrand (Appellant)

Grace Woodbridge (Respondent)

Representation:

Counsel

K Archer (Appellant)

K McCann (Respondent)

Solicitors

Hugo Law Group (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

SCA 26 of 2021

Decision under appeal: 

Court/Tribunal:             Magistrates Court of the ACT

Before:  Magistrate Theakston

Date of Decision:          2 August 2021

Case Title:  Woodbridge v Hildebrand

Court File Numbers:      CC2021/2838

  CC2021/1823

  CC2021/3036

MOSSOP J:

Introduction

  1. On 18 May 2021, the appellant pleaded guilty to the following offences:

(a)CC2021/2838: assault occasioning actual bodily harm;

(b)CC2021/1823: minor theft; and

(c)CC2021/3036: using a carriage service to menace or harass.

  1. Each of those offences had been committed on 11 February 2021.

  1. On 2 August 2021, the appellant was sentenced by a magistrate. The sentences imposed were as follows:

(a)assault occasioning actual bodily harm: four months’ imprisonment suspended after two months with a 12-month good behaviour order and nine months of supervision;

(b)minor theft: $1000 fine; and

(c)using a carriage service to harass: $1000 fine.

  1. In summary, the circumstances of the offending were as follows.

  1. At about 9:45pm on 11 February 2021, the appellant attended the unit complex of his ex-partner who I will refer to as S. At the time, she and the victim of the offending were walking through the car park of the unit complex. The appellant, who was armed with a 24-inch wrench, approached the victim, waved the wrench around and yelled at him. He then rushed towards the victim and began striking him with the wrench. He struck the victim three or four times. S eventually wrestled the wrench from his…

Continue reading Hildebrand v Woodbridge

Sign in free to access the full text

Details
AGLC
Hildebrand v Woodbridge [2021] ACTSC 327
Case
[2021] ACTSC 327
Decision Date

CaseChat Overview and Summary

The appeal in Hildebrand v Woodbridge [2021] ACTSC 327 was brought by the appellant against the sentence for assault occasioning actual bodily harm. The appellant submitted that the sentence was manifestly excessive and that the magistrate had erred in not considering an intensive corrections order (ICO). The appellant also submitted that the magistrate had improperly relied on victim impact statements. The appeal was dismissed.The magistrate had considered the appellant's age and lack of criminal history but had also considered the gravity of the offending and the purposes of sentencing. The magistrate had no basis for making an ICO as there were no criminogenic issues that needed to be addressed. Finally, the magistrate had not relied on the victim impact statements in any way which would constitute error. The appellant had sought to adduce further evidence in the form of hospital records. The court found that there was no reasonable explanation for the failure to adduce this evidence at the first instance.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.