Lutz v JK

Case [2016] ACTSC 200

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Lutz v JK

Citation:

[2016] ACTSC 200

Hearing Date:

18 July 2016

DecisionDate:

18 July 2016

Before:

Murrell CJ

Decision:

Appeal against sentence allowed. Respondent convicted. Sentenced to an 18-month good behaviour order and disqualified from driving for three months. Appellant to pay respondent’s costs. See [48].

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Punishment – young offender – s 17(2) Crimes (Sentencing) Act 2005 (ACT) – non-conviction order an exceptional outcome – negligent driving causing death – whether sentence manifestly inadequate

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Procedural fairness – sentencing – parties not afforded opportunity to address on penalty – where outcome not contemplated by parties

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT)

Crimes (Sentencing) Act 2005 (ACT) s 13, 17, 33, 133C, 133D
Magistrates Court Act 1930 (ACT) ss 219B, 219D, 219F
Road Transport (General) Act1999 (ACT) s 63, 64, 68

Road Transport (Safety and Traffic Management) Act 1999 (ACT) s 6

Cases Cited:

Balthazaar v The Queen [2012] ACTCA 26

KC v DPP [2007] NSWDC 25
Nguyen v The Queen [2016] HCA 17
Proud v Sladic [2014] ACTCA 26
R v Duffy [2014] ACTCA 53

Walters v Cooper [2014] ACTSC 331

Parties:

Travis Benjamin Lutz (Appellant)

JK (Respondent)

Representation:

Counsel

Ms S Gul (Appellant)

Mr K Archer (Respondent)

Solicitors

ACT Director of Public Prosecutions (Appellant)

Michael Bartlett Solicitors (Respondent)

File Number:

SCA 28 of 2016

Decision under appeal: 

Court/Tribunal:             Magistrates Court of the ACT

Before:  Chief Magistrate Walker

Date of Decision:         21 March 2016

Case Title:  Police v IJ

Court File Number:       CH15/658

MURRELL CJ:

Introduction

  1. The appellant appealed under s 219B(1)(f) of the Magistrates Court Act 1930 (ACT) (MCA) against a dismissal order under s 17(2)(a) of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) in relation to an offence of negligent driving causing death, contrary to s 6(1) of the Road Transport (Safety and Traffic Management) Act 1999 (ACT).

  1. An offence of negligent driving causing death carries a maximum penalty of two years’ imprisonment. The maximum penalty for negligent driving simpliciter is 20 penalty units. For negligent driving causing grievous bodily harm, the maximum penalty is one year's imprisonment. A disqualification period applies to an offence of negligent driving causing death: ss 63(1)(e) and (2) of the Road Transport (General) Act1999 (ACT) (Road Transport (General) Act). 

  1. The grounds of appeal are:

(1) the sentence is manifestly inadequate; and

(2) the appellant was not afforded procedural fairness in that, prior to making the dismissal order, the Chief Magistrate did not invite the prosecution to make submissions about whether such a sentencing outcome was appropriate.

Facts

  1. On 17 June 2015, the day of the offence, the respondent was 17 years old.  She had held a provisional driver licence for four months. 

  1. At 1.10 pm the respondent was driving a Ford Territory SUV on Erindale Drive, a significant road upon which there was moderate…

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Lutz v JK [2016] ACTSC 200
Case
[2016] ACTSC 200
Decision Date

CaseChat Overview and Summary

The matter of Lutz v JK involved a dispute regarding the sentencing of a young offender convicted of negligent driving causing death. The case was heard in the Court of Appeal of the Australian Capital Territory. The respondent, JK, was convicted of the offence and initially sentenced to a non-conviction order. The appellant, Lutz, challenged the adequacy of this sentence, arguing that it was manifestly inadequate.

The central legal issues in the case were whether the non-conviction order constituted an exceptional outcome and whether the respondent was afforded procedural fairness during sentencing. The Court had to determine if the penalty imposed was appropriate in light of the severity of the offence and whether the respondent had the opportunity to address the court on the penalty, given that the outcome was not initially contemplated by the parties.

The Court of Appeal found that the initial non-conviction order was indeed an exceptional outcome and that the respondent had not been given an opportunity to address the court on the penalty. The Court considered that the penalty did not reflect the seriousness of the offence and was manifestly inadequate. Consequently, the Court allowed the appeal against the sentence, and the respondent was convicted. The respondent was sentenced to an 18-month good behaviour order and disqualified from driving for three months. The appellant was ordered to pay the respondent's costs.

Orders

Orders of the court

Appeal against sentence allowed. Respondent convicted. Sentenced to an 18-month good behaviour order and disqualified from driving for three months. Appellant to pay respondent’s costs. See [48].

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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