Joseph Turrise v Loryn Hunter

JOSEPH TURRISE v LORYN HUNTER
[2008] ACTSC 128 (27 November 2008)

APPEAL – appeal from decision of the Magistrates Court of the ACT – appeal against sentence – appellant on parole at time of committing the offence – breach of core conditions of parole by committing an offence – cancellation of parole order – time spent in custody – service of unexpired sentence

CRIMINAL LAW – sentencing – sentencing discretion of Magistrate – maximum penalty for offence – “worst category of case” principle – sentences imposed for like offences – discount for plea of guilty where negotiations lead to significant editing of the statement of facts

Crimes Act 1900 (ACT), s 24(1)
Crimes (Sentencing) Act 2005 (ACT), s 66, s 71, s 72, s 74, s 75
Crimes (Sentence Administration) Act 2005 (ACT), s 139
Magistrates Court Act1930 (ACT), s 92A

Explanatory Memorandum to the Crimes (Sentence Administration) Act 2005 (ACT), 30 June 2005

R v Anthony Mark Ward [2007] ACTSC (12 September 2007)
Anthony Mark Ward v The Queen [2008] ACTCA 5 (26 February 2008)

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 36 of 2008

Judge:              Higgins CJ
Supreme Court of the ACT

Date:               27 November 2008

IN THE SUPREME COURT OF THE       )
  )          No. SCA 36 of 2008
AUSTRALIAN CAPITAL TERRITORY    )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JOSEPH TURRISE

Appellant

AND:LORYN HUNTER

Respondent

ORDER

Judge:  Higgins CJ
Date:  27 November 2008
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal be upheld.

1. The recording of the convictions be confirmed, but the sentences be otherwise set aside.

1. In lieu thereof, the appellant be sentenced to 18 months imprisonment upon the first charge and six months imprisonment on the second charge cumulative as to three months only. 

1. The parole order be cancelled as from 14 March 2008 and the appellant be committed to prison for one year 11 months from that date.  That sentence is to expire on 12 February 2009.  To take account of time spent in custody for these offences, the sentence so imposed is to be concurrent as to nine months with the existing sentence.  The head sentence is to expire on 14 February 2010.  The non-parole period be re-set to expire on 14 May 2009

1. This is an appeal against a sentence imposed on the appellant by Magistrate Doogan on 15 April 2008.

1. On that date, the appellant was convicted of assault occasioning actual bodily harm and common assault.

1. On the first matter, her Honour, upon conviction for both matters, sentenced the appellant to two years imprisonment.  On the second matter she sentenced the appellant to six months imprisonment, cumulative upon the first sentence.  The appellant was then subject to a parole order, revoked by the convictions with the unexpired sentence due to expire, taking account of time in custody, on 9 November 2011.  The new sentence was to commence on 10 December 2007 with a non-parole period of 24 months.