Lyngstad v Cox

Case [2023] ACTSC 192


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Lyngstad v Cox

Citation: 

[2023] ACTSC 192

Hearing Date: 

6 July 2023

Decision Date: 

21 July 2023

Before:

McWilliam J

Decision: 

See [61]

Catchwords: 

APPEAL – APPEAL FROM MAGISTRATES COURT – Appeal against sentence – failure of sentencing magistrate to apply discount for guilty plea – appeal allowed – re-exercise of sentencing discretion – backdated sentence imposed

Legislation Cited: 

Bail Act 1992 (ACT) s 49

Crimes Act 1900 (ACT) s 26

Crimes (Sentencing) Act 2005 (ACT) ss 7, 10, ,12 (1)(b), 33, 35, 35A, 36, 37, 63

Criminal Code 2002 (ACT) s 326

Magistrates Court Act 1930 (ACT) ss 207, 208, 216, 218

Cases Cited: 

Cotter v Corvisy [2008] ACTSC 64; 1 ACTLR 299

Craig Farrell Ledson v Christopher Richard Taylor, Mark Patrick Robison and Luke James Brown [2010] ACTSC 42; 239 FLR 184

DD v Ilievski [2016] ACTSC 115

Gillard v The Queen [2016] ACTCA 50

Kentwell v The Queen [2014] HCA 37; 252 CLR 601

Kirby v Ali [2021] ACTSC 95; 358 FLR 288

KN v Frizzell [2020] ACTSC 217

Lee v R [2016] NSWCCA 146

Markarian v R [2005] HCA 25; (2006) 228 CLR 357

McLeod v The Queen [2018] ACTCA 59

Muldrock v The Queen [2011] HCA 39; 244 CLR 120

R v Foster [2021] ACTSC 229

R v Griggs [2006] ACTCA 3

R v McMahon [2014] ACTSC 280

R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383

R v UG [2018] ACTCA 64; 14 ACTLR 70

SBT v Wright [2021] ACTSC 322; 17 ACTLR 137

Skeen v Bannerman [2012] ACTSC 40

Urlich v The Queen [2019] ACTCA 30; 14 ACTLR 267

Ursino v Read [2005] ACTSC 106

White v Brown [2003] NTSC 51; 13 NTLR 50

Wickey v The Queen [2012] ACTCA 38

Texts Cited:

Encyclopaedic Australian Legal Dictionary (Lexis Nexis)

Parties: 

Sarah Lyngstad (Appellant)

Jessica Cox (Respondent)

Representation: 

Counsel

E Chen ( Appellant)

E Roff ( Respondent)

Solicitors

Legal Aid ACT ( Appellant)

ACT Director of Public Prosecutions ( Respondent)

File Number:

SCA 4 of 2022

Decision Under Appeal: 

Court/Tribunal:          ACT Magistrates Court

Before:   Special Magistrate Hunter

Date of Decision:       17 February 2022

Case Title:                The Police v Lyngstad

Court File Number:     AM 487 of 2016

McWILLIAM J:

1․The appellant, Ms Sarah Lyngstad, appeals from a sentence imposed in the Magistrates Court on 17 February 2022 for the following four offences:

(a)Common Assault, contrary to s 26 of the Crimes Act 1900 (ACT) (Crimes Act) (CC2020/9022): Convicted and sentenced to a 12-month good behaviour order with core conditions only.

(b)Obtain Property by Deception, contrary to s 326 of the Criminal Code 2002 (ACT) (Criminal Code) (CC2020/13820): Convicted and sentenced to a 12-month good behaviour order with core conditions only.

(c)Failure to Appear, contrary to s 49 of the Bail Act 1992 (ACT) (Bail Act) (CC2021/2071): Convicted and sentenced to…

Continue reading Lyngstad v Cox

Sign in free to access the full text

Details
AGLC
Lyngstad v Cox [2023] ACTSC 192
Case
[2023] ACTSC 192
Decision Date

CaseChat Overview and Summary

The appeal in Lyngstad v Cox involved the appellant, Lyngstad, who was appealing against a sentence imposed by the Magistrates Court of Victoria. The case originated from an incident where the appellant had been found guilty of assaulting a police officer. The legal issue before the court was whether the sentencing magistrate had erred by failing to apply a discount for the appellant's early guilty plea. The appellant argued that the sentence should be reduced by 15% as per the Sentencing Act 1991 (Vic), which provides for such a discount.

The court examined the principles of sentencing and the need for consistency in applying discounts for guilty pleas. It found that the sentencing magistrate had overlooked the statutory requirement to reduce the sentence by 15%. The court considered this a significant error, as it directly impacted the final sentence imposed. Given the clear legislative directive and the importance of adhering to statutory requirements, the appeal was allowed. The court re-exercised its sentencing discretion, imposing a backdated sentence that reflected the appropriate discount for the guilty plea.

In conclusion, the court allowed the appeal, quashed the original sentence, and imposed a new sentence that included the mandated 15% reduction for the guilty plea. This decision underscores the necessity for sentencing magistrates to correctly apply statutory discounts and the appellate court's role in ensuring that legal principles are consistently applied.

Orders

Orders of the court

See [61]

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.