JR v The State of Western Australia
[2016] WASCA 115
•8 JULY 2016
JR -v- THE STATE OF WESTERN AUSTRALIA [2016] WASCA 115
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2016] WASCA 115 | |
| THE COURT OF APPEAL (WA) | 08/07/2016 | ||
| Case No: | CACR:26/2016 | 25 MAY 2016 | |
| Coram: | BUSS JA MAZZA JA CHANEY J | 25/05/16 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | CACR 26 of 2016 Extension of time to appeal granted Appeal allowed Judgment of conviction for manslaughter set aside Judgment of conviction for unlawful assault causing death entered CACR 63 of 2016 Extension of time to appeal granted Appeal allowed Judgment of conviction for manslaughter set aside Judgment of conviction for unlawful assault causing death entered | ||
| B | |||
| PDF Version |
| Parties: | JR THE STATE OF WESTERN AUSTRALIA EW |
Catchwords: | Criminal law Appeals against conviction Appellants convicted after trial of manslaughter Whether convictions for manslaughter unreasonable or cannot be supported having regard to the evidence |
Legislation: | Criminal Code (WA), s 280, s 281 |
Case References: | TB v The State of Western Australia [2015] WASCA 212; (2015) 49 WAR 297 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : JR -v- THE STATE OF WESTERN AUSTRALIA [2016] WASCA 115 CORAM : BUSS JA
- MAZZA JA
CHANEY J
- Appellant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
- Appellant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
ON APPEAL FROM:
Jurisdiction : CHILDREN'S COURT OF WESTERN AUSTRALIA
Coram : REYNOLDS DCJ
Citation : [2014] WACC 3
File No : CC PE 195 of 2014
Catchwords:
Criminal law - Appeals against conviction - Appellants convicted after trial of manslaughter - Whether convictions for manslaughter unreasonable or cannot be supported having regard to the evidence
Legislation:
Criminal Code (WA), s 280, s 281
Result:
CACR 26 of 2016
Extension of time to appeal granted
Appeal allowed
Judgment of conviction for manslaughter set aside
Judgment of conviction for unlawful assault causing death entered
CACR 63 of 2016
Extension of time to appeal granted
Appeal allowed
Judgment of conviction for manslaughter set aside
Judgment of conviction for unlawful assault causing death entered
Category: B
Representation:
CACR 26 of 2016
Counsel:
Appellant : Mr R F Owen
Respondent : Mr L M Fox
Solicitors:
Appellant : Aboriginal Legal Service (WA)
Respondent : Director of Public Prosecutions (WA)
CACR 63 of 2016
Counsel:
Appellant : Mr R F Owen
Respondent : Mr L M Fox
Solicitors:
Appellant : Aboriginal Legal Service (WA)
Respondent : Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
TB v The State of Western Australia [2015] WASCA 212; (2015) 49 WAR 297
1 REASONS OF THE COURT: The appellant in CACR 26 of 2016 (JR) and the appellant in CACR 63 of 2016 (EW) have appealed to this court against conviction.
2 On 28 March 2014, JR, EW and two other male juveniles, DVH and TB, were convicted, after a trial in the Children's Court before Reynolds DCJ, of the manslaughter of Tauri Litchfield, contrary to s 280 of the Criminal Code (WA) (the Code).
3 The primary judge sentenced each of JR and EW to 4 years 6 months' detention.
4 In May 2014, DVH and TB appealed to this court against conviction. Those appeals were allowed, the judgments of conviction for manslaughter were set aside and judgments of conviction for unlawful assault causing death, contrary to s 281(1) of the Code, were entered. This court sentenced DVH and TB for the offence of unlawful assault causing death. DVH was sentenced to 2 years 8 months' detention and TB to 2 years' detention. Pursuant to s 121 of the Young Offenders Act 1994 (WA), this court ordered that each of them was to remain in custody for a minimum period of 50% of the term to which he was sentenced before he could be released under a supervised release order. See TB v The State of Western Australia [2015] WASCA 212; (2015) 49 WAR 297.
5 After this court delivered judgment in the appeals by DVH and TB, each of JR and EW filed his appeal notice and sought an extension of time to appeal against conviction. The Director of Public Prosecutions (WA), representing the State, did not oppose extensions of time and conceded the appeals. The concession was properly made.
6 On 25 May 2016, we made the following orders in JR's appeal:
1. Application for an extension of time to appeal granted.
2. Appeal allowed.
3. Judgment of conviction for manslaughter set aside.
4. Judgment of conviction for unlawful assault causing death, contrary to s 281(1) of the Code, entered.
5. The appellant is sentenced to 2 years' immediate imprisonment with eligibility for parole.
6. The sentence is backdated to 8 April 2013.
7 Also, on 25 May 2016, we made the following orders in EW's appeal:
1. Application for an extension of time to appeal granted.
2. Appeal allowed.
3. Judgment of conviction for manslaughter set aside.
4. Judgment of conviction for unlawful assault causing death, contrary to s 281(1) of the Code, entered.
5. The appellant is sentenced to 2 years' detention with a minimum period of 50% of the term to be served before he can be released under a supervised release order.
6. The sentence is backdated to 27 March 2013.
8 These are our reasons for the orders we made.
9 As at 25 May 2016, JR was an adult but EW was still a juvenile.
10 The facts and circumstances of the offending are set out in this court's reasons in TB. It is unnecessary to repeat them.
11 The maximum penalty for the offence of unlawful assault causing death, contrary to s 281(1) of the Code, is 10 years' imprisonment.
12 After taking into account the maximum penalty, the facts and circumstances of the offending, the sentencing in TB, the principles applicable to the sentencing of juveniles (in the case of EW) and all other relevant sentencing factors (including matters of mitigation), and after considering the position of JR and EW separately, we were satisfied that the sentences we imposed on 25 May 2016 were appropriate.
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