R v Wyatt - [2017] ACTSC 87

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:	R v Wyatt
Citation:	[2017] ACTSC 87
Hearing Date:	4 April 2017
DecisionDate:	26 April 2017
Before:	Robinson AJ
Decision:	Offences referred for restorative justice.
Catchwords:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Restorative justice – Arson offences – Property offences – Explanation of restorative justice – Purposes of restorative justice – Reasons for referring offender to restorative justice – Impact of restorative justice on victim – Significant time elapsed between offences and restorative justice referral
Legislation Cited:	Crimes Act 1900 (ACT) s 309 Crimes (Restorative Justice) Act 2004 (ACT) ss 22, 23, 24, 25 Crimes (Sentencing) Act 2005 (ACT) ss 7(1), 33(1) Criminal Code 2002 (ACT) s 404(1) Drugs of Dependence Act 1989 (ACT) s 169(1) Mental Health Act 2005 (ACT)
Cases Cited:	R v Forrest [2016] ACTSC 321; 11 ACTLR 311
Parties:	The Queen (Crown) Scott Wyatt (Offender)
Representation:	Counsel Ms K Mackenzie (Crown) Mr R Davies (Offender)
Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender)
File Numbers:	SCC 42 of 2017, SCC 43 of 2017

ROBINSON AJ:

On Sunday 13 February 2011, the Meche Nightclub on Northbourne Avenue was open and trading. A number of patrons were in attendance. At about 1.30 am, there was a large explosion which occurred in the men’s toilet cubicles inside those premises.

The nightclub was evacuated and police and the fire brigade attended to assist distressed patrons and investigate the explosion, as did the Bomb Response Team. There was significant damage to the property and no doubt trading losses eventuated.

Later that same night, at about 3.45 am, a second explosion occurred at the ICBM Nightclub which was also trading at that time. Those premises adjoin the Meche Nightclub on Northbourne Avenue. Again, there was property damage and trading losses. Police, including the Bomb Response Team, also attended to the patrons and investigated the explosion.

At ICBM, police spoke to Mr Scott Wyatt, who complained of ringing in his ears and feeling dizzy. He was transported to hospital for treatment.

At about 4.00 am, police attended the Calvary Hospital and arrested Mr Wyatt, who later participated in a record of interview. In that interview, he denied any involvement in the Meche and ICBM Nightclub incidents.

Mr Wyatt was released from police custody.

In November 2011, police made further inquiries concerning Mr Wyatt but no charges were laid.

On 13 January 2017, Mr Wyatt attended Gungahlin Police Station where he expressed a desire to speak to police about the Meche Nightclub. He told police that he had recently met the Lord and wanted to confess. He was taken to an interview room where he produced a substance, which he said was “ice”, and a capped syringe.

Mr Wyatt then participated in a record of interview during which he admitted causing the explosions at the Meche and ICBM Nightclubs and stated that his intention was not to harm life but to damage the buildings.

Mr Wyatt was then…

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.

Continue reading R v Wyatt

Details

AGLC: R v Wyatt [2017] ACTSC 87
Case: [2017] ACTSC 87
Decision Date: 26 April 2017

CaseChat Overview and Summary

In the case of R v Wyatt, the defendant was convicted of several offences including arson and property offences. The primary issue before the court was whether it was appropriate to refer the defendant to a restorative justice program. This matter was heard in the Magistrates' Court of Victoria. The court had to determine if the restorative justice approach was suitable in this instance, given the nature of the offences and the significant time that had elapsed between the commission of the crimes and the proposed referral to the restorative justice program.

The legal issues involved assessing the applicability of restorative justice in cases of arson and property offences, particularly when a considerable period had passed since the commission of the crimes. The court also needed to consider the potential benefits and drawbacks of such a referral, including the impact on the victims and the likelihood of achieving the objectives of restorative justice. The primary concern was whether the restorative justice process would serve the purposes of rehabilitation, victim reparation, and community reintegration effectively.

The court concluded that restorative justice was an appropriate option in this case. It found that despite the significant time lapse, the restorative justice program could still offer valuable benefits. The court reasoned that such a program could provide the defendant with an opportunity for meaningful engagement with the victims, thereby facilitating a form of reparation and potentially aiding in the defendant's rehabilitation. The court also noted the importance of considering the potential positive impact on the victims, which included the possibility of gaining closure and understanding the consequences of the defendant's actions.

The court ordered that the offences be referred for restorative justice. This decision recognised the potential benefits of the restorative justice process, despite the challenges presented by the significant passage of time since the commission of the offences.

Orders

Orders of the court

Offences referred for restorative justice.

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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