[2018] TASSC 5
COURT: SUPREME COURT OF TASMANIA
CITATION: Moore v Rittman [2018] TASSC 5
PARTIES: MOORE, Luke (Senior Sergeant)
PARKER, John (Senior Sergeant)
v
RITTMAN, Quentin Charles
FILE NO: 1861/2017
DELIVERED ON: 13 February 2018
DELIVERED AT: Hobart
HEARING DATE: 17 October 2017
JUDGMENT OF: Brett J
CATCHWORDS:
Criminal Law – Sentence – Sentencing orders – Discretion to record conviction – Generally – Emphasis on rehabilitative approach – Magistrate's decision to not record conviction for first time family violence offences was not manifestly inadequate – Motion to review dismissed.
Sentencing Act 1997 (Tas), s 7(f).
Cannell v Probert [2017] TASSC 69; Director of Public Prosecutions (Acting) v J C N [2015] TASFC 13; Bonde v Ellery [2016] TASSC 43, cited.
Aust Dig Criminal Law [3410]
REPRESENTATION:
Counsel:
Appellant: L Pennington
Respondent: In person
Solicitors:
Appellant: Director of Public Prosecutions
Judgment Number: [2018] TASSC 5
Number of paragraphs: 21
Serial No 5/2018
File No 1861/2017
SENIOR SERGEANT LUKE MOORE
and SENIOR SERGEANT JOHN PARKER
v QUENTIN CHARLES RITTMAN
REASONS FOR JUDGMENT BRETT J
13 February 2018
On 15 June 2017, Magistrate S Cure imposed sentence on the respondent in respect of two counts of assault and one count of breaching a police family violence order. The assaults were perpetrated against the respondent's partner and constituted family violence. The sentence consisted of an order pursuant to s 7(f) of the Sentencing Act 1997 that, without recording a conviction, the proceedings be adjourned for two years and the respondent be released on his undertaking that he would be of good behaviour in that period and appear for conviction and sentence if called upon, and further that he was to complete the Men's Behaviour Change Program with Relationships Australia, and, if called upon to do so, provide proof of completion.
The applicants seek a review of this sentence. The sole ground of review is that the sentence imposed is manifestly inadequate in all of the circumstances.
According to the facts read by the prosecutor to the court without dispute from the respondent, the first assault occurred on 20 February 2017. The respondent and his partner were then, and still are, in a significant relationship and have twin children aged 2½ years. The assault took place during the course of an argument between them. It commenced while they were changing the children's nappies in the lounge room of their home. During the course of the argument, the respondent punched his partner to her head on a number of occasions. When she fell to the floor, he grabbed her throat with his hand and covered her mouth with his other hand. He held her like this for approximately 30 seconds. When she broke free, he grabbed her again to her throat and mouth and held her for another 30 seconds. On both occasions, his hold around her neck and mouth caused restriction of her breathing. She suffered bruising to her left eye, breast and…
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CaseChat Overview and Summary
The court held that the decision not to record a conviction for Moore's first-time family violence offences was not manifestly inadequate. The court found that the magistrate had exercised a proper discretion by considering the rehabilitative approach suitable for Moore. The court noted that the magistrate had taken into account Moore's background, the nature of the offences, and the potential for rehabilitation. The court further held that the magistrate's decision to not record a conviction was not so unreasonable that no reasonable magistrate could have made it. The court found that the sentencing process had been fair and that the magistrate's decision was consistent with the principles of justice and the objectives of sentencing.
The court dismissed the motion to review the magistrate's decision. The court found that the magistrate had not erred in law or in fact and that the decision was not manifestly inadequate. The court concluded that the magistrate had exercised his or her discretion appropriately, taking into account the principles of sentencing and the need for a rehabilitative approach. The court found that the decision to not record a conviction was within the bounds of judicial discretion and that the review was accordingly dismissed.
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