LJL (a child) -v- MASON [2013] WASC 465
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 465 | |
| Case No: | SJA:1127/2013 | 4 DECEMBER 2013 | |
| Coram: | HALL J | 19/12/13 | |
| 9 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal refused Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | LJL (a child) RYAN LEONARD MASON |
Catchwords: | Criminal law Appeal against sentence Juvenile sentenced to detention Multiple offences of burglary Whether total effective sentence of 3 months' detention breached totality principle Whether prospects of rehabilitation considered Whether written reasons for imposing detention were required |
Legislation: | Young Offenders Act 1994 (WA), s 120 |
Case References: | DBW (a child) v The State of Western Australia [2011] WASCA 206 MC (a child) v The Queen [2003] WASCA 205 P (a child) v Thompson [2011] WASC 120 TL (a child) v The State of Western Australia [2005] WASCA 173 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
RYAN LEONARD MASON
Respondent
ON APPEAL FROM:
Jurisdiction : CHILDREN'S COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE P HOGAN
File No : CC 459 of 2013, CC 460 of 2013, CC 559 of 2013, CC 566 of 2013, CC 567 of 2013, CC 568 of 2013, CC 569 of 2013, CC 570 of 2013, CC 571 of 2013, CC 625 of 2013
Catchwords:
Criminal law - Appeal against sentence - Juvenile sentenced to detention - Multiple offences of burglary - Whether total effective sentence of 3 months' detention breached totality principle - Whether prospects of rehabilitation considered - Whether written reasons for imposing detention were required
Legislation:
Young Offenders Act 1994 (WA), s 120
Result:
Leave to appeal refused
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : Mr S A Gabriel
Respondent : Ms T McArthur
Solicitors:
Appellant : Stephen Gabriel
Respondent : Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
DBW (a child) v The State of Western Australia [2011] WASCA 206
MC (a child) v The Queen [2003] WASCA 205
P (a child) v Thompson [2011] WASC 120
TL (a child) v The State of Western Australia [2005] WASCA 173
- HALL J:
Introduction
1 On 7 November 2013, the appellant, who is a juvenile, was sentenced in the Children's Court to a total effective term of 3 months' detention. That sentence was imposed in respect of three offences of aggravated burglary, two offences of burglary, one offence of assault occasioning bodily harm and one offence of criminal damage. He now seeks leave to appeal against that sentence.
2 In essence, the issue is whether the total effective sentence was too long having regard to the appellant's youth, the fact that he pleaded guilty to the charges and that he has good prospects of rehabilitation. In particular, it is contended that the…
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CaseChat Overview and Summary
The court also considered whether the magistrate was required to provide written reasons for imposing the detention sentence, as mandated by s 120 of the Young Offenders Act. The appellant argued that the absence of written reasons rendered the sentence invalid. However, the court found that even if this argument was valid, it did not result in a substantial miscarriage of justice, as the sentence imposed was deemed appropriate. The court dismissed the appeal, concluding that none of the grounds presented had a reasonable prospect of success. Consequently, leave to appeal was refused, and the appeal was dismissed.
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Decision
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Ratio Decidendi
Legal Principle Established
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