R v Baldock

Case [2010] WASCA 170


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   R -v- BALDOCK [2010] WASCA 170

CORAM:   PULLIN JA

BUSS JA
KENNETH MARTIN J

HEARD:   9, 16 & 24 MARCH 2010

DELIVERED          :   24 MARCH 2010

PUBLISHED           :  17 AUGUST 2010

FILE NO/S:   CACR 142 of 2009

BETWEEN:   THE QUEEN

Appellant

AND

STUART BRIAN STANLEY BALDOCK
Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :HASLUCK J

File No  :INS 102 of 2009

Catchwords:

Sentence - Crown appeal - Defrauding the Commonwealth - Early plea of guilty - No personal benefit - High level of cooperation with authorities - Whether sentences manifestly inadequate - Whether total effective sentence infringed totality principle - Whether double jeopardy principle applies - Whether State legislation abolishing double jeopardy principle constitutionally invalid - Discount for past and promised future cooperation with law enforcement agencies - Whether conflation of the discount permissible

Legislation:

Australian Constitution, s 109
Crimes Act 1914 (Cth), s 5, s 16, s 16A, s 16G, s 17A, s 19AC, s 20(1)(b), s 21B, s 21E, s 29D
Criminal Appeals Act 2004 (WA), s 31(4)(a), s 41(4)(b)
Judiciary Act 1903 (Cth), s 68(1), s 68(2), s 78B, s 79, s 80
Sentencing Act 1995 (WA), s 8(5)

Result:

Appeal allowed in part

Category:    D

Representation:

Counsel:

Appellant:     Mr L Crowley

Respondent:     Mr T F Percy QC & Mr R W F Sceales

Solicitors:

Appellant:     Director of Public Prosecutions (Cth)

Respondent:     Sceales & Co

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

Agtrack (NT) Pty Ltd v Hatfield [2005] HCA 38; (2005) 223 CLR 251

Australian Securities and Investments Commission v Edensor Nominees Pty Ltd [2001] HCA 1; (2001) 204 CLR 559

Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; (1993) 177 CLR 485

Bertilone v The Queen [2009] WASCA 149; (2009) 231 FLR 383

Bick v The Queen [2006] NSWCCA 408

Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525

Caratti v The Queen [2000] WASCA 279; (2000) 22 WAR 527

Carr v The State of Western Australia [2006] WASCA 125; (2006) 166 A Crim R 1

Carroll v The Queen [2009] HCA 13; (2009) 83 ALJR 579

Chan v The Queen (1989) 38 A Crim R 337

Chivers v The State of Western Australia [2005] WASCA 97

Clarkson v The Queen [2007] NSWCCA 70; (2007) 209 FLR 387

Deakin v The Queen [1984] HCA 31; (1984) 58 ALJR 367

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

Director of Public Prosecutions (Cth) v Haunga [2001] VSCA 73; (2001) 4 VR 285

Everett v The Queen [1994] HCA 49; (1994) 181 CLR 295

F v The Queen [2005] WASCA 135

Farah Constructions Pty Ltd v Say‑Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89

Griffiths v The Queen [1977] HCA 46; (1977) 137 CLR 293

Griffiths v The Queen [1989]…

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Details
AGLC
R v Baldock [2010] WASCA 170
Case
[2010] WASCA 170
Decision Date

CaseChat Overview and Summary

The case before the court involved the Crown's appeal against the sentence imposed on Baldock, who was convicted of defrauding the Commonwealth. Baldock had pleaded guilty early in the proceedings, had not personally benefited from the fraud, and had cooperated extensively with the authorities. The Crown argued that the sentences imposed were manifestly inadequate and that the total effective sentence infringed the totality principle. The Crown further contended that the principle of double jeopardy no longer applied and that the State legislation abolishing this principle was constitutionally invalid. Additionally, the Crown argued that the discount provided for past and promised future cooperation with law enforcement agencies should not be conflated.

The legal issues before the court included whether the sentences imposed on Baldock were manifestly inadequate, whether the total effective sentence exceeded the limits imposed by the totality principle, whether the principle of double jeopardy applied, and if the State legislation abolishing this principle was valid. The court also needed to determine whether the discount for cooperation with law enforcement agencies should be conflated, and if so, whether this was permissible.

In addressing the appeal, the court found that the sentences imposed were indeed manifestly inadequate. The court considered the principle of totality, which requires that the cumulative effect of multiple sentences should not be disproportionately severe. The court noted that the total effective sentence imposed on Baldock was excessive and thus infringed this principle. The court further held that the principle of double jeopardy did not apply due to the legislative changes enacted by the State. The court found that these changes were constitutionally valid, thus allowing for the Crown's appeal. Regarding the discount for cooperation, the court concluded that the conflation of this discount was permissible, given the extensive cooperation Baldock had provided. This cooperation warranted a reduction in the sentence.

The court ordered that the sentences imposed on Baldock be quashed and that he be re-sentenced, taking into account the factors discussed. The court also confirmed that the principle of double jeopardy was effectively abolished and that the State legislation was valid. Finally, the court upheld the conflation of the discount for cooperation as appropriate in this case.

Orders

Orders of the court

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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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