R -v- BARBIS & ROUSE [2003] WASCA 107
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 107 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:15/2003 | 1 MAY 2003 | |
| Coram: | MALCOLM CJ MCKECHNIE J PULLIN J | 28/05/03 | |
| 32 | Judgment Part: | 1 of 1 | |
| Result: | Both Crown appeals against sentence dismissed | ||
| B | |||
| PDF Version |
| Parties: | THE QUEEN DEJAN BARBIS TONY ROUSE |
Catchwords: | Criminal law Sentence Crown appeals Two offenders convicted of aggravated burglary and unlawful wounding Sentence on one cooffender who restrained householder while he was stabbed by the other sentenced to 12 months' imprisonment for the burglary and 8 months for unlawful wounding Second cooffender who, unknown to the first offender, was armed with a knife and stabbed the householder, sentenced to 12 months for the burglary and 2 years and 6 months' cumulative for unlawful wounding Sentences imposed on second offender suspended Failure by sentencing Judge to state extent of reduction of sentence for undertaking to assist law enforcement authorities Mandatory provisions of s 8(5) of Sentencing Act not observed |
Legislation: | Criminal Code (WA), ss 301(1), 401(a), 401(1)(a), 688(2)(a), 688(2)(d) Sentencing Act 1995 (WA), ss 8(5), 39(2), (3) and 76(1), (2) |
Case References: | Barany v The Queen [2000] WASCA 240 Cork v The Queen, unreported; CCA SCt of WA; Library No 970664; 2 December 1997 Dinsdale v The Queen (2000) 202 CLR 321 Everett and Phillips v The Queen (1994) 181 CLR 295 Heferen v The Queen [1999] WASCA 81 Herbert v The Queen [2003] WASCA 61 House v The King (1936) 55 CLR 499 Lowndes v The Queen (1999) 195 CLR 665 Miles v The Queen (1997) 17 WAR 518 Mobilia v The Queen [2002] WASCA 130 Pearce v The Queen (1998) 194 CLR 610 Pezzino v The Queen [1997] 92 A Crim R 135 R v Osenkowski (1982) 30 SASR 212 R v Shaharuddin [1999] WASCA 229 Taylor v The Queen, unreported; CCA SCt of WA; Library No 980152; 6 April 1998 van de Worp v The Queen[2000] WASCA 154 Verschuren v The Queen (1996) 17 WAR 467 Watson v The Queen [2002] WASCA 8 Wong v The Queen (2001) 207 CLR 584 R v Ward (1999) 109 A Crim R 159 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- BARBIS & ROUSE [2003] WASCA 107 CORAM : MALCOLM CJ
- MCKECHNIE J
PULLIN J
- Appellant
AND
DEJAN BARBIS
Respondent
- Appellant
AND
TONY ROUSE
Respondent
Catchwords:
Criminal law - Sentence - Crown appeals - Two offenders convicted of aggravated burglary and unlawful wounding - Sentence on one cooffender who
(Page 2)
restrained householder while he was stabbed by the other sentenced to 12 months' imprisonment for the burglary and 8 months for unlawful wounding - Second cooffender who,…
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- AGLC
- R v Barbis & Rouse [2003] WASCA 107
- Case
- [2003] WASCA 107
- Decision Date
CaseChat Overview and Summary
The case before the court was an appeal by the Crown against the sentences imposed on two offenders, Barbis and Rouse, who were convicted of aggravated burglary and unlawful wounding. The appeal was heard in the Court of Appeal in Australia. Barbis restrained the householder during the burglary, while Rouse, unknown to Barbis, was armed with a knife and stabbed the householder. Barbis was sentenced to 12 months' imprisonment for the burglary and 8 months for the unlawful wounding. Rouse was sentenced to 12 months for the burglary and 2 years and 6 months cumulatively for the unlawful wounding. The sentences imposed on Rouse were suspended.
The legal issues before the court were whether the sentences imposed were manifestly inadequate and whether the mandatory provisions of section 8(5) of the Sentencing Act were not observed by the sentencing judge in failing to state the extent of the reduction of sentence for undertaking to assist law enforcement authorities. The court had to determine if the sentences were appropriate and if the mandatory provisions of the Sentencing Act were properly applied.
The court found that the sentences imposed on the offenders were not manifestly inadequate. The court acknowledged that the sentences reflected the circumstances of the case and the offenders' roles in the crime. The court also found that the failure by the sentencing judge to state the extent of the reduction of sentence for undertaking to assist law enforcement authorities did not affect the overall sentence. The court held that the mandatory provisions of section 8(5) of the Sentencing Act were not strictly adhered to, but the error did not materially affect the sentences imposed.
Both Crown appeals against sentence dismissed.
The legal issues before the court were whether the sentences imposed were manifestly inadequate and whether the mandatory provisions of section 8(5) of the Sentencing Act were not observed by the sentencing judge in failing to state the extent of the reduction of sentence for undertaking to assist law enforcement authorities. The court had to determine if the sentences were appropriate and if the mandatory provisions of the Sentencing Act were properly applied.
The court found that the sentences imposed on the offenders were not manifestly inadequate. The court acknowledged that the sentences reflected the circumstances of the case and the offenders' roles in the crime. The court also found that the failure by the sentencing judge to state the extent of the reduction of sentence for undertaking to assist law enforcement authorities did not affect the overall sentence. The court held that the mandatory provisions of section 8(5) of the Sentencing Act were not strictly adhered to, but the error did not materially affect the sentences imposed.
Both Crown appeals against sentence dismissed.
Orders
Orders of the court
Both Crown appeals against sentence 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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