MILLS -v- HAWLEY [2013] WASC 261
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 261 | |
| Case No: | SJA:1056/2013 | 3 JULY 2013 | |
| Coram: | ALLANSON J | 3/07/13 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted on grounds 1 and 2 Appeal allowed on ground 1 Sentence set aside and remitted to Magistrates Court | ||
| B | |||
| PDF Version |
| Parties: | TRAVIS LUKE MILLS GEOFF HAWLEY |
Catchwords: | Criminal law Appeal against sentence Suspended imprisonment Need for term to be appropriate if it could not be suspended Breach of restraining order by repeated but not threatening communication Turns on own facts |
Legislation: | Restraining Orders Act 1997 (WA), s 61, s 61A Sentencing Act 1995 (WA), s 6(4), s 9AA(5), s 35, s 76(2), s 77(6) |
Case References: | Baudoeuf v Venning [2010] WASC 322 Cullen v Rollings [2009] WASC 80 Hagart v Viles [No 2] [2010] WASC 313 Lutey v Jacques [2010] WASC 78 Nevermann v The Queen (1989) 43 A Crim R 347 Sheppard v Blakey [2001] WASC 309 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
GEOFF HAWLEY
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE V C EDWARDS
File No : MH 910 of 2013
Catchwords:
Criminal law - Appeal against sentence - Suspended imprisonment - Need for term to be appropriate if it could not be suspended - Breach of restraining order by repeated but not threatening communication - Turns on own facts
(Page 2)
Legislation:
Restraining Orders Act 1997 (WA), s 61, s 61A
Sentencing Act 1995 (WA), s 6(4), s 9AA(5), s 35, s 76(2), s 77(6)
Result:
Leave to appeal granted on grounds 1 and 2
Appeal allowed on ground 1
Sentence set aside and remitted to Magistrates Court
Category: B
Representation:
Counsel:
Appellant : Ms N R Sinton
Respondent : Ms R Young
Solicitors:
Appellant : Legal Aid (WA)
Respondent : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Baudoeuf v Venning [2010] WASC 322
Cullen v Rollings [2009] WASC 80
Hagart v Viles [2010] WASC 200
Lutey v Jacques [2010] WASC 78
Nevermann v The Queen (1989) 43 A Crim R 347
Sheppard v Blakey [2001] WASCA 309
(Page 3)
1 ALLANSON J: (These reasons were delivered orally and have been edited from the transcript).
2 On 8 March 2013 in the Magistrates Court at Mandurah, Travis Luke Mills pleaded guilty to a charge that between 4 July and 20 August 2012, having been personally served with a violence restraining order, he breached that order by phoning and sending text messages to the person protected by that order. He was sentenced to imprisonment for 7 months, suspended for a period of 12 months. Mr Mills seeks leave to appeal that sentence.
3
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- AGLC
- MILLS -v- HAWLEY [2013] WASC 261
- Case
- [2013] WASC 261
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentence was appropriate given the breach of the restraining order. The appellant's repeated communications were not found to be threatening, yet the court had to determine if the sentence was nonetheless appropriate. The court noted the need for sentences to be proportionate and considered the specific circumstances of the case. It was determined that while the breach was not severe, the sentence imposed was inappropriate as it did not align with the nature of the breach.
The court found that the sentence was inappropriate and should not have been wholly suspended. The court set aside the sentence and remitted the matter to the Magistrates Court for reconsideration of an appropriate sentence. The court held that the sentence was not in accordance with the principles of proportionality and suitability, given the non-threatening nature of the breach. The appeal was allowed on the ground that the sentence was inappropriate.
Orders
Orders of the court
Leave to appeal granted on grounds 1 and 2
Appeal allowed on ground 1
Sentence set aside and remitted to Magistrates Court
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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