RICHARDSON -v- MULHALL [2003] WASCA 283
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 283 | |
| Case No: | SJA:1095/2003 | 21 NOVEMBER 2003 | |
| Coram: | ANDERSON J | 26/11/03 | |
| 9 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed in part | ||
| B | |||
| PDF Version |
| Parties: | LLOYD GRANT RICHARDSON AARON MULHALL |
Catchwords: | Criminal law Sentencing Assault occasioning bodily harm Male aged 19 with poor record including one previous similar offence Early plea of guilty and good indications of remorse and rehabilitation Sentence of 12 months' imprisonment not set aside as excessive Order that sentence be immediately served set aside and in lieu thereof sentence suspended for 2 years |
Legislation: | Criminal Code |
Case References: | Casserly v The Queen, unreported; SCt of WA; Library No 990164; 31 March 1999 Johnson v Hater [2001] WASCA 118 Ravi-Pinto v Power, unreported; SCt of WA; Library No 930647; 26 November 1993 Bates v Wheatley [2000] WASCA 38 Cameron v The Queen (2002) 209 CLR 339 Canale v Bayens [2001] WASCA 383 Cinanni v Commissioner of Police (WA) (1993) 18 MVR 327 Cranssen v The Queen (1936) 55 CLR 509 Dinsdale v The Queen (2000) 202 CLR 321 Duncan v The Queen (1983) 47 ALR 746 Harris v The Queen (1954) 90 CLR 652 Holland v The Queen [1999] WASCA 43 Kilner v The Queen [1999] WASCA 189 Lowndes v The Queen (1999) 195 CLR 665 Mical v Ward [2003] WASCA 149 Mishal v The Queen [2001] WASCA 328 R v Bell (1981) 5 A Crim R 347 R v Chilvers [2003] WASCA 87 R v Latham (2000) 117 A Crim R 74 R v Liddington (1997) 18 WAR 394 R v Nevermann (1989) 43 A Crim R 347 R v Osenkowski (1982) 30 SASR 212 R v P (1992) 39 FCR 276 R v Thomsen & Owen (1998) 105 A Crim R 150 Rowlands v Caporn [2001] WASCA 66 Verschuren v The Queen (1996) 17 WAR 467 Wong v The Queen (2001) 185 ALR 233 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
and
Complaint No PE 10526 of 2003 in the Court of Petty Sessions at Perth
- Appellant
AND
AARON MULHALL
Respondent
Catchwords:
Criminal law - Sentencing - Assault occasioning bodily harm - Male aged 19 with poor record including one previous similar offence - Early plea of guilty and good indications of remorse and rehabilitation - Sentence of 12 months' imprisonment not set aside as excessive - Order that sentence be immediately served set aside and in lieu thereof sentence suspended for 2 years
(Page 2)
Legislation:
Criminal Code
Result:
Appeal allowed in part
Category: B
Representation:
Counsel:
Appellant : Ms B Lonsdale
Respondent : Mr S F Rafferty
Solicitors:
Appellant : Lewis Blyth & Hooper
Respondent : State Director of Public…
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- AGLC
- Richardson v Mulhall [2003] WASCA 283
- Case
- [2003] WASCA 283
- Decision Date
CaseChat Overview and Summary
The case of Richardson v Mulhall involved the defendant, Richardson, who was found guilty of assault occasioning bodily harm. The case was heard in the appellate court. The primary issue before the court was the appropriateness of the sentence imposed on Richardson by the lower court. The lower court had sentenced Richardson to 12 months' imprisonment for the offence. Richardson, a 19-year-old with a poor criminal record including a previous similar offence, had pleaded guilty early and demonstrated good indications of remorse and potential for rehabilitation. The appeal questioned whether the 12-month imprisonment sentence was excessive and whether the order that the sentence be immediately served should be altered.
The court examined the principles of sentencing in criminal cases, particularly those involving assault occasioning bodily harm. The appellate court considered the defendant's age, criminal history, the nature of the offence, and the factors of remorse and rehabilitation potential. The court acknowledged the lower court's consideration of these factors but focused on the proportionality of the sentence. While the appellate court did not find the 12-month imprisonment sentence excessive, it determined that the order for immediate service of the sentence was inappropriate given Richardson's demonstrated remorse and potential for rehabilitation. The court believed a suspended sentence would be more suitable.
Consequently, the appellate court allowed the appeal in part. It set aside the order that the sentence be immediately served and, in its place, suspended the 12-month imprisonment sentence for a period of two years. This decision recognised the lower court's correct assessment of the sentence's length but modified the implementation to better align with the circumstances of the defendant.
The court examined the principles of sentencing in criminal cases, particularly those involving assault occasioning bodily harm. The appellate court considered the defendant's age, criminal history, the nature of the offence, and the factors of remorse and rehabilitation potential. The court acknowledged the lower court's consideration of these factors but focused on the proportionality of the sentence. While the appellate court did not find the 12-month imprisonment sentence excessive, it determined that the order for immediate service of the sentence was inappropriate given Richardson's demonstrated remorse and potential for rehabilitation. The court believed a suspended sentence would be more suitable.
Consequently, the appellate court allowed the appeal in part. It set aside the order that the sentence be immediately served and, in its place, suspended the 12-month imprisonment sentence for a period of two years. This decision recognised the lower court's correct assessment of the sentence's length but modified the implementation to better align with the circumstances of the defendant.
Orders
Orders of the court
Appeal allowed in part
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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