Peter v Brownlie

Case [2023] ACTSC 198

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Peter v Brownlie

Citation: 

[2023] ACTSC 198

Hearing Date: 

6 July 2023

Decision Date: 

28 July 2023

Before:

McWilliam J

Decision: 

The appeal is dismissed

Catchwords: 

APPEAL – APPEAL FROM MAGISTRATES COURT – Appeal against sentence – whether sentences manifestly excessive – whether principle of totality considered – Magistrate considered rehabilitation and deterrence – no appellable error demonstrated – appeal dismissed

Legislation Cited: 

Crimes Act 1900 (ACT) s 116(3)

Criminal Code 2002 (ACT) ss 44, 308, 318(1), 321

Crimes (Sentence Administration) Act 2005 (ACT) ss 108, 110

Firearms Act 1996 (ACT) s 249(1)

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

Road Transport (Safety and Traffic Management Act) 1999 (ACT) s 7(1)(a)

Cases Cited: 

Barrett v The Queen [2016] ACTCA 38

Barron v Laverty [2019] ACTSC 198; 346 FLR 442

Cajina v The Queen [2009] ACTCA 2; 3 ACTLR 79

Dinsdale v The Queen [2000] HCA 54; 202 CLR 321

Kelly v The Queen [2021] ACTCA 15

Kourpanidis v The Queen [2022] ACTCA 11

Le Clair v The Queen; Achanfuo‑Yeboah v The Queen [2017] ACTCA 19

Lowndes v The Queen [1999] HCA 29; 195 CLR 665

O’Brien v The Queen [2015] ACTCA 47

NC v The Queen [2017] ACTCA 31

R v AB [2017] NSWCCA 88

R v Donnelly [2021] ACTSC 336

R v Dowden-Carlisle [2023] ACTSC 169

R v Henry [1999] NSWCCA 111; 46 NSWLR 346

R v Kirkwood [2022] ACTSC 148

R v Law [2021] ACTSC 351

R v Rosewarne [2021] ACTSC 217

R v Taouk (1993) 65 A Crim R 387

R v Williams (No 2) [2020] ACTSC 280

R v Winters [2022] ACTSC 371

Saga v Reid [2010] ACTSC 59

Samani v The Queen [2017] ACTCA 23

Taylor v The Queen [2014] ACTCA 9

Tracey v The Queen [2020] ACTCA 51

Williams-Savage v The Queen [2022] ACTCA 58

Zdravokovic v The Queen [2016] ACTCA 53

Parties: 

Nicholas Josef Peter ( Appellant)

Matthew William Brownlie ( First Respondent)

Jack Liam Wright (Second Respondent)

Representation: 

Counsel

T Lee ( Appellant)

C Daly ( Respondents)

Solicitors

Legal Aid ACT ( Appellant)

ACT Director of Public Prosecutions ( Respondents)

File Number:

SCA 12 of 2023

Decision Under Appeal: 

Court:  ACT Magistrates Court

Before:   Chief Magistrate Walker

Date of Decision:       2 February 2023

Case Title:                 The Police v Peter

Court File Number:     AM 1743 of 2016

McWILLIAM J:          

1․This appeal concerns a sentence imposed on the appellant on 2 February 2023 in the Magistrates Court in respect of the following offences:

Charge

Offence

Maximum penalty

Sentence

CC2022/9099

Take Motor Vehicle without consent

S 318(1) of the Criminal Code 2002 (ACT) (Criminal Code)

500 penalty units, imprisonment for five years or both

Convicted

Sentenced to nine months’ imprisonment

(15 October 2023 to 14 July 2024)

CC2022/9203

Minor Theft

S 321 of the Criminal Code

50 penalty units, imprisonment for six months or both

Convicted

Sentenced to one month’s imprisonment.

(15 April 2023 to 14 May…

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AGLC
Peter v Brownlie [2023] ACTSC 198
Case
[2023] ACTSC 198
Decision Date

CaseChat Overview and Summary

The case of Peter v Brownlie involves an appeal against the sentence handed down by a magistrate. The appellant, Peter, challenged the severity of the sentence imposed on him, arguing it was excessively high. The appeal was brought before the court with the contention that the magistrate had failed to consider the principle of totality in sentencing and had not adequately weighed the factors of rehabilitation and deterrence. The court was tasked with determining whether the sentence was manifestly excessive and whether there had been an error in the magistrate's application of the sentencing principles.

The court carefully examined the magistrate's decision, considering whether the sentence imposed was disproportionate to the offence committed. The court assessed whether the magistrate had appropriately considered the principle of totality, which requires that the cumulative sentence for multiple offences not be excessive. Additionally, the court reviewed the balance struck by the magistrate between the aims of rehabilitation and deterrence in arriving at the sentence. The court found that the magistrate had duly considered these factors and had exercised their discretion appropriately in the circumstances.

Upon review, the court concluded that the sentence was not manifestly excessive and that the magistrate had correctly applied the relevant sentencing principles. The magistrate had considered the need for both rehabilitation and deterrence, and had imposed a sentence that was proportionate to the offences committed. The court found no error in the magistrate's approach or in the sentence imposed. Consequently, the appeal was dismissed, and the original sentence was upheld.

Orders

Orders of the court

The appeal is dismissed

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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