SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Langlands v Burnell |
Citation: | [2018] ACTSC 272 |
Hearing Date(s): | 5 February 2015 |
DecisionDate: | 5 October 2018 |
Before: | Penfold J |
Decision: | 1. The appeal will be dismissed. 2. The parties will be heard about: (a) costs; and (b) whether any further orders are required in relation to the sentence imposed in the Magistrates Court. |
Catchwords: | APPEAL AND NEW TRIAL – APPEAL – Criminal law – Interference with Discretion of Court Below – appeal against sentence imposed in Magistrates Court – correct pleading of appeal grounds – whether specific error established – whether sentence manifestly inadequate – whether manifest inadequacy appeal useful in establishing principle – appeal dismissed. |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 7, 17 and 33 Magistrates Court Act 1930 (ACT) s 219B(1)(f) |
Cases Cited: | Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Cao v Regina [2010] NSWCCA 109 |
Parties: | Heath Langlands (Appellant) Ben Burnell (Respondent) |
Representation: | Counsel Mr J White SC (Appellant) Mr K Archer (Respondent) |
| Solicitors ACT Director of Public Prosecutions (Appellant) Kamy Saeedi Law (Respondent) | |
File Number(s): | SCA 87 of 2014 |
Decision under appeal: | Court/Tribunal: ACT Magistrates Court Before: Magistrate Dingwall Date of Decision: 30 September 2014 Case Title: R v Burnell Court File Number(s): CC14/3254 |
Introduction
The Crown has appealed against orders made after Ben Burnell was dealt with in the Magistrates Court for an offence of common assault. The appeal is a review appeal brought under s 219B(1)(f) of the Magistrates Court Act 1930 (ACT).
The notice of appeal says that the appeal is against both the conviction recorded and the sentence imposed by the Magistrate. Appealing against the recording of a conviction is an odd approach for the Crown, and this may explain why the only orders sought on appeal relate to the other orders made by the Magistrate.
The assault
In the early morning of 19 July 2013, Mr Burnell and a friend were walking along Mort Street in Civic. The victim, Nicholas Hall, was also walking along Mort Street. There was no suggestion that Mr Burnell was affected by alcohol or any other drug (although the Forensic Mental Health Report (FMHR) ordered by the Magistrate notes Mr Burnell’s advice that…
Continue reading Langlands v Burnell
Sign in free to access the full text
- AGLC
- Langlands v Burnell [2018] ACTSC 272
- Case
- [2018] ACTSC 272
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the appellant had correctly pleaded the grounds for the appeal, whether a specific error had been established, and whether the sentence was manifestly inadequate. The court also considered whether an appeal on the ground of manifest inadequacy was useful in establishing principle. The appellant argued that the sentence imposed was manifestly inadequate, and that the Magistrates Court had erred in not imposing a custodial sentence.
The court found that the appellant had not correctly pleaded the grounds for the appeal, as the grounds were not specific enough. The court also found that there was no established specific error, and that the sentence was not manifestly inadequate. The court held that an appeal on the ground of manifest inadequacy was not useful in establishing principle, as it was not necessary to do so in every case. The appeal was dismissed. The court ordered that the parties be heard about costs and whether any further orders were required in relation to the sentence imposed in the Magistrates Court.
Orders
Orders of the court
1. The appeal will be dismissed.
2. The parties will be heard about:
(a) costs; and
(b) whether any further orders are required in relation to the sentence imposed in the Magistrates Court.
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.