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
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
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…
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- AGLC
- Riddoch v Chiera [2020] WASC 114
- Case
- [2020] WASC 114
- Decision Date
CaseChat Overview and Summary
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
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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