1. Leonard Wrigley be convicted of causing damage to a motor vehicle by fire on 28 September 2014;
2. Leonard Wrigley be sentenced to four months imprisonment to commence on 10 May 2015 to take into account pre-sentence custody;
3. That the sentence be suspend today, 11 May 2015, for a period of twelve months;
4. Leonard Wrigley be required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of twelve months with a probation condition that he be under the supervision of the Director-General or her delegate and obey all reasonable directions of the person supervising him, including, specifically, as to treatment for alcohol abuse and mental health issues for a period of twelve months or such lesser period as the person supervising him may deem appropriate.
Category:
Sentence
Catchwords:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Sentencing – Arson – Offender engaged in rehabilitation
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Sentencing – Arson – Principles relating to Sentencing for Arson
Campbellv The Queen (Unreported, Supreme Court of Tasmania, Neasey, Nettlefold, Bettingham-Moore JJ, CA 76/1984, 7 September 1984)
Halden v R (1983) A Crim R 30 Parnis v The Queen (1993) 49 FCR 304 Porter v R [2008] NSWCCA 145 Riley v The Queen, Unreported, NSW Court of Criminal Appeal, 3 April 1996 R v Booth [2004] ACTCA 21 R v Dowell (1982) 6 A Crim R 113 R v Glover [2002] NSWCCA 376 R v Graham (Unreported, Australian Capital Territory Supreme Court, Refshauge J, SCC 17 of 2009, 23 September 2009) R v Hall (1979) 28 ALR 107 R v James (1981) 27 SASR 348 R vPerrone (1989) 43 A Crim R 366 R v Ray (Unreported, Supreme Court of Tasmania, Green CJ, 20 April 1983) R v Relph [2002] ACTCA 6 R v S (a child) (1992) 60 A Crim R 121 R v Swindells (Unreported, Supreme Court of Tasmania, 1966) R v Verdins (2007) 16 VR 269 Storey (1984) 6 Cr App Rep (S) 104 Targett v The Queen (Unreported, Supreme Court of Tasmania Court of Criminal Appeal, Cox CJ, Underwood and Slicer JJ, CCA 38 of 1996, 5 November 1996) Thomas (1988) 10 Cr App R (S) 386 Turill (1981) 3 Cr App R (S) 156
Parties:
The Queen (Crown)
Leonard Wrigley (Defendant)
Representation:
Counsel
Mr M Reardon (Crown)
Mr J Sabharwal (Defendant)
Solicitors
ACT Director of Public Prosecutions (Crown)
Sharman Lynch (Defendant)
File Number(s):
SCC 288 of 2014
Refshauge J:
Following two telephone calls to police about the burning of a car in the Canberra suburb of Higgins on…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
R v Wrigley [2015] ACTSC 114
Case
[2015] ACTSC 114
Decision Date
CaseChat Overview and Summary
Leonard Wrigley was convicted of causing damage to a motor vehicle by fire on 28 September 2014. He was sentenced by the Magistrates Court of the Australian Capital Territory. Wrigley was apprehended at the scene of the fire and charged with arson under the Crimes Act 1900 (ACT). The court had to determine the appropriate sentence for the offence of arson, considering the defendant's engagement in rehabilitation and the principles relating to sentencing for arson.
The court considered the defendant’s engagement in rehabilitation, including treatment for alcohol abuse and mental health issues. The court also assessed the seriousness of the offence, the need for general and specific deterrence, and the need to protect the community. In determining the sentence, the court applied the principles of sentencing for arson, which include considering the extent of the damage caused, the defendant's state of mind, and any mitigating factors. The court concluded that a suspended sentence would be appropriate, given the defendant's engagement in rehabilitation.
The court sentenced Leonard Wrigley to four months imprisonment, with the sentence to commence on 10 May 2015, taking into account pre-sentence custody. The sentence was suspended for a period of twelve months, with conditions that Wrigley sign an undertaking to comply with his good behaviour obligations and be under the supervision of the Director-General or her delegate. The conditions also required Wrigley to obey all reasonable directions of the person supervising him, including treatment for alcohol abuse and mental health issues.
The final orders of the court were that Leonard Wrigley be convicted of causing damage to a motor vehicle by fire, sentenced to four months imprisonment, with the sentence suspended for a period of twelve months, and required to comply with specific conditions related to his rehabilitation.
Orders
Orders of the court
1. Leonard Wrigley be convicted of causing damage to a motor vehicle by fire on 28 September 2014;
2. Leonard Wrigley be sentenced to four months imprisonment to commence on 10 May 2015 to take into account pre-sentence custody;
3. That the sentence be suspend today, 11 May 2015, for a period of twelve months;
4. Leonard Wrigley be required to sign an undertaking to comply with the offender’s good behaviour obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for a period of twelve months with a probation condition that he be under the supervision of the Director-General or her delegate and obey all reasonable directions of the person supervising him, including, specifically, as to treatment for alcohol abuse and mental health issues for a period of twelve months or such lesser period as the person supervising him may deem appropriate.