Inglis v Adamson

Case [2024] ACTSC 4


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Inglis v Adamson

Citation: 

[2024] ACTSC 4

Hearing Date: 

26 April 2023

Decision Date: 

19 January 2024

Before:

Baker J

Decision: 

The appeal is dismissed.

Catchwords: 

CRIMINAL LAW – APPEAL – Appeal from ACT Magistrates Court – appeal against conviction –– whether finding of guilt open to Magistrate – whether sufficient evidence to find appellant guilty by way of joint commission – operation of s 45A of the Criminal Code 2002 (ACT) – when agreement commenced – appeal dismissed.

CRIMINAL LAW – APPEAL – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Appeal against sentence – where three co-offenders received the same sentence – principles of parity – individual roles in offending – whether different sentences warranted – appeal dismissed.

Legislation Cited: 

Crimes Act 1900 (ACT), s 24

Crimes (Serious Organised Crime) Amendment Act 2010 (ACT)

Criminal Code 2002 (ACT), s 45A

Criminal Code Act 1995 (Cth), s 11.2A

Magistrates Court Act 1930 (ACT), ss 207, 208, 214

Cases Cited: 

Alexander v Bakes [2023] ACTCA 49

Alfred (a pseudonym) v Eiffert [2023] ACTSC 403

Allesch v Maunz [2000] HCA 40; 203 CLR 172

Apps v The Queen [2020] ACTCA 53

DPP v Clissold [2023] ACTSC 250

Franze v The Queen [2014] VSCA 352; 46 VR 856

Handlen v the Queen [2011] HCA 51; 245 CLR 282

Lee v Lee [2019] HCA 28; 266 CLR 129

Lukatela v Birch [2008] ACTSC 99; 164 ACTR 24

McAuliffe v The Queen [1995] HCA 37; 183 CLR 108

R v Holliday [2017] HCA 35; 260 CLR 650

R v PHA [2004] NSWCCA 445

R v Pui Man Liu and Sin Chun Wong (2003, unreported, NSWCCA)

R v Shearer [2018] ACTSC 91; 332 FLR 383

Romolo v R [2018] NSWCCA 3

Tran v The Queen [2017] VSCA 346

Warren v Coombes [1979] HCA 9; 142 CLR 531

Texts Cited:

Revised Explanatory Statement to the Crimes (Serious Organised Crime) Amendment Bill 2010 (ACT)

Stephen Odgers, Principles of Federal Criminal Law (Thompson Reuters, 2019)

Parties: 

Bradley Thomas Inglis ( Appellant)

James Christian Adamson (Respondent)

Representation: 

Counsel

T Sharman ( Appellant)

E Bayliss ( Respondent)

Solicitors

T Sharman ( Appellant)

ACT Director of Public Prosecutions

File Number:

SCA 33 of 2022

Decision under appeal:

Court/Tribunal:

ACT Magistrates Court

Before:

Magistrate Lawton

Date of Decision:

3 August 2022

Case Title:

Adamson v Inglis

Court File Numbers:

CAN 4378 of 2021

CAN 9234 of 2021

BAKER J:      

Introduction

1․On 21 June 2022, the appellant, Bradley Inglis, was found guilty by Magistrate Lawton (the Magistrate) of a single count of assault occasioning actual bodily harm upon Mr Wenbo Du by joint commission, contrary to s 24 of the Crimes Act 1900 (ACT) and by virtue of s 45A of the Criminal Code 2002 (ACT) (CAN 9234/2021). The appellant also pleaded guilty to a further count of common assault on a different victim (Mr Ziqi Zhang), arising out of the same incident (CAN…

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Inglis v Adamson [2024] ACTSC 4
Case
[2024] ACTSC 4
Decision Date

CaseChat Overview and Summary

The appellant, Inglis, appealed against his conviction and sentence following a ruling by the ACT Magistrates Court. Inglis was found guilty of being a party to a joint commission offence, along with two co-offenders, in relation to an incident of aggravated burglary. The legal issues before the court were whether the finding of guilt was open to the Magistrate, whether there was sufficient evidence to find Inglis guilty by way of joint commission, and if the sentence imposed was appropriate given the principles of parity and individual roles in the offending. Additionally, the court considered the operation of section 45A of the Criminal Code 2002 (ACT) concerning the commencement of an agreement.

The court examined the evidence presented and the legal principles surrounding joint commission offences. It found that the Magistrate was entitled to conclude that Inglis was a party to the offence based on the evidence, and that there was sufficient evidence to support the finding of guilt by way of joint commission. The court also considered the appropriate sentence in light of the principles of parity and the individual roles of the co-offenders, concluding that the sentence imposed was appropriate and did not warrant variation. The operation of section 45A of the Criminal Code was also found to be correctly applied in this case.

Given the findings, the appeal was dismissed. The court upheld the conviction and sentence, finding no error in the Magistrate's determination or sentencing. The appeal against both conviction and sentence was therefore unsuccessful.

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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