JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: RAMSAY -v- TROVARELLO [2009] WASC 146
CORAM: HASLUCK J
HEARD: 20 MAY 2009
DELIVERED : 29 MAY 2009
FILE NO/S: SJA 1006 of 2009
BETWEEN: DAVID PHILIP RAMSAY
Appellant
AND
DEAN TROVARELLO
First RespondentPAUL MICHAEL O'CONNOR
Second RespondentCAITLIN BROOK LIEBMANN
Third Respondent
FILE NO/S :SJA 1007 of 2009
SJA 1008 of 2009
BETWEEN :DAVID PHILIP RAMSAY
Appellant
AND
CAITLIN BROOK LIEBMANN
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE S A HEATH
File No :JO 6015 of 2008, JO 6016 of 2008, JO 6017 of 2008, JO 6018 of 2008, JO 6019 of 2008, JO 6020 of 2008, JO 6021 of 2008, JO 6023 of 2008, JO 6024 of 2008, JO 6025 of 2008, JO 6026 of 2008, JO 6027 of 2008, JO 6028 of 2008, JO 6029 of 2008, JO 6030 of 2008, JO 6031 of 2008, JO 6032 of 2008, JO 6033 of 2008, PE 66994 of 2008, BU 209 of 2006
For File No : SJA 1007 of 2009
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE K T FISHER
File No :BU 209 of 2006
For File No : SJA 1008 of 2009
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE K T FISHER
File No :BU 209 of 2006
Catchwords:
Criminal law - Appeal against sentence - Offence of assault occasioning bodily harm - Appeal from Magistrates Court - Whether magistrate erred by purporting to impose a suspended imprisonment order and an intensive supervision order for one offence - Effect of offender not being present in court on the hearing of an application for correction - Whether circumstances sufficiently exceptional to justify an extension of time to appeal - Whether sufficient weight given to changed circumstances upon sentencing for a breach of suspended imprisonment order - Appropriate sentence for multiple fraud offences - Status of indicated sentence from Drug Court after sentencing for fraud offences referred back to Magistrates Court - Finding of miscarriage of justice in respect to totality of final sentence - Sentences quashed and offender resentenced
Legislation:
Criminal Appeals Act 2004 (WA), s 14(1)
Criminal Code (WA), s 317(1), s 409(1)(d)
Sentencing Act 1995 (WA), s 6, s 11, s 37, s 39, s 76, s 80
Result:
Extension of time to appeal allowed
Appeals allowed
Sentences quashed and offender resentenced
Category: B
Representation:
SJA 1006 of 2009
Counsel:
Appellant: Mr A J Robson
First Respondent : Mr J Newton-Palmer
Second Respondent : Mr J Newton-Palmer
Third Respondent : Mr J Newton-Palmer
Solicitors:
Appellant: Legal Aid (WA)
First Respondent : Director of Public Prosecutions (WA)
Second Respondent : Director of Public Prosecutions (WA)
Third Respondent : Director of Public Prosecutions (WA)
SJA 1007 of 2009
SJA 1008 of 2009
Counsel:
Appellant: Mr A J Robson
Respondent: Mr J Newton-Palmer
Solicitors:
Appellant: Legal Aid (WA)
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Continue reading Ramsay v Trovarello
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- AGLC
- Ramsay v Trovarello [2009] WASC 146
- Case
- [2009] WASC 146
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the magistrate's decision to impose the orders in question was lawful, considering the legal framework applicable to sentencing in Victoria. The court also had to consider whether the appellant's absence from the hearing of an application for correction rendered the magistrate's decision invalid. Additionally, the court examined whether the appeal was filed within the appropriate time frame and whether the appellant's changed circumstances were adequately taken into account when sentencing for a breach of the suspended imprisonment order. Finally, the court had to assess the appropriate sentence for the multiple fraud offences and the status of the indicated sentence from the Drug Court.
The Court of Appeal found that the magistrate did indeed err in imposing the suspended imprisonment order and the intensive supervision order for a single offence, as these orders are not typically imposed for such an offence. The court held that the appellant's absence from the hearing of the application for correction did not invalidate the magistrate's decision, as the circumstances were not sufficiently exceptional to warrant an extension of time to appeal. The court also found that the appellant's changed circumstances were not adequately considered when sentencing for the breach of the suspended imprisonment order. In relation to the fraud offences, the court determined that the indicated sentence from the Drug Court should be taken into account when sentencing in the Magistrates Court. Ultimately, the Court of Appeal found a miscarriage of justice in respect to the totality of the final sentence and quashed the sentences. The offender was then resentenced by the court.
The final orders of the Court of Appeal were that the sentences imposed by the Magistrates Court be quashed and that the offender be resentenced by the court, taking into account the findings and considerations outlined above.
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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