Murray v IA

Case [2020] ACTSC 288


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Murray v IA

Citation:

[2020] ACTSC 288

Hearing Date:

12 October 2020

DecisionDate:

12 October 2020

Before:

Mossop J

Decision:

See [46]

Catchwords:

CRIMINAL LAW – APPEAL – Appeal from the Magistrates Court against sentence – assault occasioning actual bodily harm – respondent assaulted her son – magistrate made a non‑conviction order with a good behaviour order – whether the magistrate misapplied the parity principle and doctrine of precedent – she did – whether the sentence was manifestly inadequate – it was not – appeal dismissed

Legislation Cited:

Crimes Act 1900 (ACT), s 24

Crimes (Sentencing) Act 2005 (ACT), ss 17, 33(1)(za)
Magistrates Court Act 1930 (ACT), ss 219D, 219F

Spent Convictions Act 2000 (ACT)

Cases Cited:

Cowie v Gungahlin Veterinary Services Pty Ltd [2016] ACTSC 311

Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462
Hili v The Queen [2010] HCA 45; 242 CLR 520
Kentwell v The Queen [2014] HCA 37; 252 CLR 601
LaceyvAttorney-General (Qld) [2011] HCA 10; 242 CLR 573
LM v Childrens Court of the ACT [2014] ACTSC 26
Lowe v The Queen (1984) 154 CLR 606
R v Nicholas; R v Palmer [2019] ACTCA 36
R v Pham [2015] HCA 39; 256 CLR 550
Viro v The Queen (1978) 141 CLR 88
Williams v Connor [2019] ACTSC 184
Wong v The Queen [2001] HCA 64; 207 CLR 584
Woolcock Street Investments Pty Ltd v CDG Pty Ltd [2004] HCA 16; 216 CLR 515

ZL v Corey [2020] ACTSC 143

Parties:

Andrew Murray (Appellant)

IA (Respondent)

Representation:

Counsel

K McCann (Appellant)

M Jones (Respondent)

Solicitors

ACT Director of Public Prosecutions (Appellant)

Kamy Saeedi Law (Respondent)

File Number:

SCA 26 of 2020

Decision under appeal: 

Court/Tribunal:             Magistrates Court of the ACT

Before:  Magistrate Boss

Date of Decision:          5 June 2020

Case Title:  The Police v IA

Court File Number:      CC 12727 of 2019

MOSSOP J:

Introduction

  1. The respondent pleaded guilty to one count of assault occasioning actual bodily harm, contrary to s 24 of the Crimes Act 1900 (ACT). She had become angry with her 11‑year‑old son and slapped him on the left side of the face, pinched him several times on the upper left arm and punched him in the back with a closed fist. At the sentence hearing on 5 June 2020 the magistrate proceeded by way of s 17(2)(b) of the Crimes (Sentencing) Act 2005 (ACT), by making a non-conviction order and imposing a good behaviour order for 12 months.

Grounds of appeal

  1. The grounds of appeal that are set out in the Amended Notice of Appeal are:

(a)Her Honour failed to properly apply the principle of individualised justice;

(b)Her Honour misapplied the parity principle; and

(c)The sentence imposed in relation to the offence is manifestly inadequate.

  1. The appellant did not press ground (a).

  1. Ground (b) was elaborated upon insofar as the appellant contended that, as part of the…

Continue reading Murray v IA

Sign in free to access the full text

Details
AGLC
Murray v IA [2020] ACTSC 288
Case
[2020] ACTSC 288
Decision Date

CaseChat Overview and Summary

Murray brought an appeal against a decision of the Magistrates Court, where she was found guilty of assaulting her son, occasioning actual bodily harm. The Magistrates Court had issued a non-conviction order, accompanied by a good behaviour order, which Murray considered to be too lenient. The appeal centred on whether the magistrate had misapplied the parity principle and the doctrine of precedent, and whether the sentence was manifestly inadequate.

The court examined the principles guiding sentencing in cases of assault occasioning actual bodily harm. It considered the parity principle, which requires sentences to be proportionate to the gravity of the offence, and the doctrine of precedent, which mandates consistency in sentencing similar cases. The court scrutinised the magistrate's application of these principles, concluding that they had indeed been misapplied. However, despite this misapplication, the court found that the sentence was not manifestly inadequate. The appeal was dismissed as the sentence, though influenced by an incorrect application of legal principles, was deemed sufficient in this context.

The court's reasoning underscored the importance of correctly applying legal principles in sentencing, yet it affirmed that Murray's sentence, despite the errors, was not so disproportionate as to warrant an appeal. The appeal was dismissed, and the original sentence stood.

The court did not alter the original sentence but emphasised the necessity for magistrates to correctly apply sentencing principles. The non-conviction order and good behaviour order remained in place as determined by the Magistrates Court.

Orders

Orders of the court

See [46]

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.