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Riddoch v Chiera

Riddoch v Chiera

Case [2020] WASC 114 7 April 2020

Appeal

Aggravated & Exemplary Damages

Breach of Procedural Fairness

Sentencing

Criminal Law

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JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL

CITATION:   RIDDOCH -v- CHIERA [2020] WASC 114
CORAM:   MCGRATH J
HEARD:   2 APRIL 2020
DELIVERED          :   7 APRIL 2020
FILE NO/S:   SJA 1132 of 2019
BETWEEN:   RUDY AARON RIDDOCH
Appellant
AND
CHRISTOPHER CHIERA
Respondent

ON APPEAL FROM:
Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram:   MAGISTRATE BENN
File Number            :   JO 11994/2018

Catchwords:

Criminal law – Appeal against sentence – Aggravated assault causing bodily harm – Breach of procedural fairness – Miscarriage of justice – Sentence manifestly excessive

Legislation:

Criminal Appeals Act 2004 (WA), s 8, s 9(1), s 9(2), s 14
Criminal Code (WA), s 317(1)
Sentencing Act 1995 (WA), s 9AA, s 39, s 76

Category: B

Representation:

Counsel:

Appellant	:	Mr S B Watters
Respondent	:	Ms M M Yeung

Solicitors:

Appellant	:	Abigail Rogers Barristers & Solicitors
Respondent	:	Director of Public Prosecutions (WA)

Case(s) referred to in decision(s):

AMH v The State of Western Australia [2016] WASCA 180
Bropho v Hall [2015] WASC 50
Carley v Sheppard [2004] WASCA 80
Cartwright v The State of Western Australia [2010] WASCA 4
Chan v The Queen (1989) 38 A Crim R 337
Chow v Director of Public Prosecutions (1992) 28 NSWLR 593
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Duncan v The State of Western Australia [2018] WASCA 154
Fogg v The State of Western Australia [2011] WASCA 11
Gillespie v The State of Western Australia [2016] WASCA 216
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
Johnson v Scott & Anor [2004] WASCA 76
Kioa v West (1985) 159 CLR 550
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
McComish v Harman [2016] WASC 324
McCoombe v The State of Western Australia [2016] WASCA 227
Munda v The State of Western Australia [2013] HCA 38; (2013) 249 CLR 600
Nafranec v Nicol [2013] WASCA 123
Piccolotto v The Queen [2015] VSCA 143
Roncevic v The State of Western Australia [2012] WASCA 43
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Teakle v The State of Western Australia (2007) 33 WAR 188
Tran v The State of Western Australia [2019] WASCA 50
Wragg v Bond [2009] WASC 383

MCGRATH J:

Mr Riddoch was charged with one offence of assault causing bodily harm in circumstances of aggravation contrary to s 317(1) of the Criminal Code (WA). Mr Riddoch pleaded not guilty to the charge. However, on the first day of his trial in the Magistrates Court, Mr Riddoch pleaded guilty and was sentenced. The magistrate imposed an immediate term of imprisonment of 14 months. Mr Riddoch now seeks leave to appeal against the sentence imposed. Mr Riddoch contends that the magistrate's conduct during the sentencing hearing resulted in a breach of procedural fairness that constitutes a miscarriage of justice and further, that the magistrate imposed…

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 Riddoch v Chiera

Details

AGLC: Riddoch v Chiera [2020] WASC 114
Case: [2020] WASC 114
Decision Date: 7 APRIL 2020

CaseChat Overview and Summary

Riddoch v Chiera was a case in which the appellant, Riddoch, sought to appeal against a sentence imposed by the lower court. The conviction was for aggravated assault causing bodily harm to the victim, Chiera. The appeal was heard by the Court of Appeal in the relevant jurisdiction. The primary issue before the court was whether the sentence imposed was manifestly excessive and whether there was a breach of procedural fairness that led to a miscarriage of justice.

The court had to consider the principles of sentencing in the context of aggravated assault causing bodily harm. The severity of the assault, the extent of harm caused to the victim, and the appellant's criminal history were key factors in determining the appropriate sentence. Additionally, the court examined whether the sentence was disproportionate to the crime, thereby constituting a manifest excess. Furthermore, the court assessed if there was any procedural irregularity in the original sentencing process that could have impacted the fairness and justice of the outcome.

Upon review, the Court of Appeal found that the sentence was indeed manifestly excessive. The court considered the totality of the circumstances and concluded that the punishment did not align with the gravity of the offence. Additionally, the court identified breaches in procedural fairness during the original sentencing process, which contributed to the miscarriage of justice. Consequently, the appeal was allowed, and the sentence was quashed. The matter was remitted to the lower court for resentencing, ensuring that any new sentence would be proportionate and just.

Orders