PARTIES: REID, Reginald
v
ROWBOTTAM, Helen
TITLE OF COURT: FULL COURT OF THE
SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: FULL COURT OF THE
SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING TERRITORY JURISDICTION
FILE NO: JA 74 of 2004 (20410079)
DELIVERED: 1 March 2005
HEARING DATES: 11 February 2005
JUDGMENT OF: MARTIN (BR) CJ, RILEY & SOUTHWOOD JJ
CATCHWORDS:
CRIMINAL LAW
Appeal – Justice Appeal – Justices Act 1928 (NT), appeal on sentence – Sentencing Act (NT) s 78BA – proper construction – one or more times before been found guilty – general deterrence – violent crimes against women and children – rehabilitation – appeal allowed.
Ryszawa v Samuels [1969] SASR 158; O’Hara v Harrington [1962] Tas SR 165; Samuels v Mackenzie (1979) 23 SASR 595; Clark v Glover (1992) 58 SASR 571; Police v Nowak (2000) 76 SASR 551, applied.
Kennan v Mears (unreported, Supreme Court of Victoria, delivered 25 January 1990); Carter v Denham [1984] WAR 123, referred to.
Schluter v R (1997) 6 NTLR 194; Turbitt v Pryce (unreported, Kearney J, delivered 21 January 1998), approved.
D v Gokel (1998) 123 NTR 1, overruled.
R v Hallam (Mildren J, unreported, delivered 17 September 1998); Davis v Howley (2003) NTSC 6, considered.
REPRESENTATION:
Counsel:
Appellant: G Dooley
Respondent: M Carey
Solicitors:
Appellant: NAALAS
Respondent: DPP
Judgment category classification: A
Judgment ID Number: Mar0503
Number of pages: 24
IN THE FULL COURT OF
THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN
Reid v Rowbottam [2005] NTSC 7
No. 74 of 2004 (20410070)
BETWEEN:
REGINALD REID
Appellant
AND:
HELEN ROWBOTTAM
Respondent
CORAM: MARTIN (BR) CJ, RILEY and SOUTHWOOD JJ
REASONS FOR JUDGMENT
(Delivered 1 March 2005)
Martin (BR) CJ:
Introduction
[1] This is an appeal against a sentence imposed by a Magistrate. The appeal involves consideration of the proper interpretation of s 78BA of the Sentencing Act in respect of which Judges of the Supreme Court have expressed different views. In those circumstances the appeal was referred by a single Judge to this Court.
[2] On 17 August 2004 the appellant pleaded guilty before a Magistrate to unlawful assault and to the circumstance of aggravation that the victim of the assault was a female and the appellant a male. The learned Magistrate sentenced the appellant to four months imprisonment and directed that the sentence be suspended after the appellant had served 14 days. The appellant appeals against the sentence alleging that the sentence is manifestly excessive and that the Magistrate erred in a number of respects.
[3] At the hearing of the appeal, counsel for the respondent properly conceded that the appeal should be allowed and that this Court should impose sentence. Upon an intimation as to the sentence the Court had in mind, both counsel indicated that they had no objection to the proposed sentence. In those circumstances the Court ordered that the order of the Magistrate be set…
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- AGLC
- Reid v Rowbottam [2005] NTSC 007
- Case
- [2005] NTSC 7
- Decision Date
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