JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: McDONALD v WHITE [2007] WASCA 213
CORAM: STEYTLER P
McLURE JA
EM HEENAN AJA
HEARD: 5 OCTOBER 2007
DELIVERED : 5 OCTOBER 2007
PUBLISHED : 15 OCTOBER 2007
FILE NO/S: CACR 81 of 2007
BETWEEN: LISA MARY McDONALD
Appellant
AND
PAUL DAVID WHITE
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :JOHNSON J
Citation :McDONALD -v- WHITE [2007] WASC 138
File No :SJA 1038 of 2007
Catchwords:
Criminal law and procedure - Appeal against sentence - Reckless driving - Driving while licence under suspension - Unlawful damage - Guilty plea - Failure by magistrate to state in open court that guilty plea taken into account in passing sentence as required by the Sentencing Act 1995 (WA) s 4 - Inference that magistrate failed to consider guilty plea - Appellant re-sentenced
Legislation:
Sentencing Act 1995 (WA), s 8(2), s 8(4)
Result:
Appeal allowed
Appellant re-sentenced to a total of 10 months' imprisonment
Category: D
Representation:
Counsel:
Appellant: Mr D S Hunter
Respondent: Mr C S Bydder
Solicitors:
Appellant: Legal Aid (WA)
Respondent: State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Anderson v Heath [2005] WASC 253
Anderson v Stilwell [2006] WASC 257
Anderson v The State of Western Australia [2005] WASCA 228
Austin v Grapes [2004] WASCA 102
Bakdadi v O'Neill [2003] WASCA 267
Cameron v The Queen [2002] HCA 6; (2002) 209 CLR 339
Forbes v Durant [1999] WASCA 85
H v The State of Western Australia [2006] WASCA 53; (2006) 163 A Crim R 151
Hume v The Queen [2000] WASCA 306; (2000) 33 MVR 203
Jones v The State of Western Australia [2006] WASCA 181
Kearney v Rinaudo [2007] WASC 104
Mason v Morrison [2004] WASCA 181
McDonald v White [2007] WASC 138
JUDGMENT OF THE COURT: On 6 March 2007 the appellant was convicted in the Magistrates Court at Busselton on five charges. The first related to an offence of unlawful damage to property committed on 1 January 2007. The other four charges related to driving offences committed on 13 February 2007. These were offences of driving while the appellant's driver's licence was suspended, driving with a blood alcohol level in excess of 0.08%, reckless driving and failing to stop when called upon by police officers to do so. The appellant made an early plea of guilty to each of the offences charged. She was sentenced to a total term of 15 months' imprisonment and to a total of $1,400 in fines. She was also disqualified from holding a driver's licence for 12 months. She appealed against the sentences of imprisonment imposed upon her. The appeal was dismissed by a single judge of the Supreme Court, Johnson J. The appellant has been given leave to appeal to this Court…
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- AGLC
- McDonald v White [2007] WASCA 213
- Case
- [2007] WASCA 213
- Decision Date
CaseChat Overview and Summary
The primary legal issue in this case was whether the magistrate failed to consider McDonald's guilty plea when passing the sentence, as required by the Sentencing Act 1995 (WA) s 4. The Court found that the magistrate did not explicitly state in open court that the guilty plea was taken into account in passing the sentence. The Court inferred that the magistrate failed to consider the guilty plea, which could have led to a lesser sentence. The Court also considered the seriousness of McDonald's offences, including her reckless driving and unlawful damage to property, and the need to deter her and others from engaging in similar conduct.
The Court re-sentenced McDonald to a total of 10 months' imprisonment, finding that this was an appropriate sentence taking into account the seriousness of the offences, the need for deterrence, and the fact that McDonald had pleaded guilty. The Court noted that the original sentence of 15 months' imprisonment was excessive and did not reflect the appropriate discount for the guilty plea. The Court also noted that the fines and disqualification from holding a driver's licence were appropriate. The Court allowed McDonald's appeal, set aside the order made by Johnson J and the sentences imposed by the Magistrate, and re-sentenced McDonald to a total of 10 months' imprisonment.
Orders
Orders of the court
Appeal allowed
Appellant re-sentenced to a total of 10 months' imprisonment (Judgment of the Court)
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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