Pillage v Coyne

Case [2000] WASCA 135


PILLAGE -v- COYNE [2000] WASCA 135



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 135
Case No:SJA:1020/20003 MAY 2000
Coram:MILLER J19/05/00
10Judgment Part:1 of 1
Result: Appeal allowed
Decision to impose no sentences set asideFines of $750 and $250 substituted
PDF Version
Parties:TROY CHRISTOPHER PILLAGE
HARLEY PETER COYNE

Catchwords:

Criminal law
Sentence
Decision to impose no sentence
Sentencing Act 1995, s 46
No reasons given
Whether offences "trivial" or "technical"
Breaches of restraining order
Importance of appropriate penalties

Legislation:

Fines, Penalties and Infringement Notices Enforcement Act 1994
Justices Act 1902 (WA)
Restraining Orders Act 1997 (WA), s 61
Sentencing Act 1995 (WA), s 46

Case References:

Bembridge v G-K-R Karate Australia Pty Ltd (1998) 103 A Crim R 362
Dawes v Coyne [2000] WASCA 134
Kenny v Lewis, unreported; SCt of WA; Library No 990113; 12 March 1999
Riley v Gill, unreported; SCt of WA; Library No 970731; 8 December 1997
Teede v Wright [1999] WASCA 121

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : PILLAGE -v- COYNE [2000] WASCA 135 CORAM : MILLER J HEARD : 3 MAY 2000 DELIVERED : 19 MAY 2000 FILE NO/S : SJA 1020 of 2000 BETWEEN : TROY CHRISTOPHER PILLAGE
    Appellant

    AND

    HARLEY PETER COYNE
    Respondent



Catchwords:

Criminal law - Sentence - Decision to impose no sentence - Sentencing Act 1995, s 46 - No reasons given - Whether offences "trivial" or "technical" - Breaches of restraining order - Importance of appropriate penalties




Legislation:

Fines, Penalties and Infringement Notices Enforcement Act 1994


Justices Act 1902 (WA)
Restraining Orders Act 1997 (WA), s 61
Sentencing Act 1995 (WA), s 46


Result:

Appeal allowed


Decision to impose no sentences set aside
Fines of $750 and $250 substituted


(Page 2)

Representation:


Counsel:


    Appellant : Ms C J Thatcher
    Respondent : No appearance


Solicitors:

    Appellant : State Crown Solicitor
    Respondent : No appearance


Case(s) referred to in judgment(s):

Bembridge v G-K-R Karate Australia Pty Ltd (1998) 103 A Crim R 362
Dawes v Coyne [2000] WASCA 134
Kenny v Lewis, unreported; SCt of WA; Library No 990113; 12 March 1999
Riley v Gill, unreported; SCt of WA; Library No 970731; 8 December 1997
Teede v Wright [1999] WASCA 121

Case(s) also cited:



Nil

(Page 3)

1 MILLER J: The respondent was charged in the Court of Petty Sessions at Albany with one offence of unlawful assault and four offences of breaching a violence restraining order. The matter proceeded to a defended hearing before Mr R H Burton SM in the Court of Petty Sessions at Albany on 21 January 2000. After hearing evidence from the complainant in the matter, one Belinda Jane Dawes, and having considered a video-taped record of interview made by the respondent with investigating police officers, the learned Magistrate dismissed the charge of assault and two of the charges of alleged breach of the violence restraining order, but convicted the respondent of…

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Pillage v Coyne [2000] WASCA 135
Case
[2000] WASCA 135
Decision Date

CaseChat Overview and Summary

In Pillage v Coyne, the appellant sought judicial review of a decision by a magistrate not to impose any sentence on the respondent for two breaches of a restraining order. The court was required to determine whether the magistrate erred in law by not providing reasons for the decision to impose no sentence and whether the offences were so trivial or technical that they warranted no penalty. The appellant argued that the lack of reasons for the decision meant the court had not considered the need for appropriate penalties for breaches of restraining orders, which are designed to protect victims of family violence. The court found that the magistrate had indeed erred by not providing reasons for the decision, as required by section 46 of the Sentencing Act 1995. The court also considered the nature of the offences and concluded that, while the breaches were serious, the lack of reasons meant the appropriate penalties were not properly considered. The appeal was allowed, and the decision to impose no sentences was set aside. In its place, fines of $750 and $250 were substituted for the two breaches.

Orders

Orders of the court

Appeal allowed

Decision to impose no sentences set asideFines of $750 and $250 substituted

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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