JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: RILEY -v- THE WA POLICE [2023] WASC 335
CORAM: FORRESTER J
HEARD: 22 & 30 AUGUST 2023
DELIVERED : 30 AUGUST 2023
FILE NO/S: SJA 1055 of 2023
BETWEEN: LESLIE ROBERT RILEY
Appellant
AND
THE WA POLICE
Respondent
ON APPEAL FROM:
For File No: SJA 1055 of 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE J ANDRETICH
File Number : AR 11488 - 11491 OF 2022
Catchwords:
Criminal law - Single judge appeal - Appeal against sentence - Whether sentence imposed manifestly excessive - Whether miscarriage of justice due to material before magistrate not complete
Legislation:
Criminal Appeals Act 2004 (WA)
Criminal Code 1913 (WA)
Misuse of Drugs Act 1981 (WA)
Sentencing Act 1995 (WA)
Result:
Leave to appeal granted on ground 2
Appeal allowed in relation to ground 2
Sentence imposed by learned magistrate on 11 May 2023 set aside
Appellant resentenced
Category: B
Representation:
Counsel:
| Appellant | : | N R Sinton |
| Respondent | : | M I Olds |
Solicitors:
| Appellant | : | Legal Aid (WA) |
| Respondent | : | State Solicitor's Office (WA) |
Cases referred to in decision:
Abduramanoski v The State of Western Australia [2019] WASCA 216
Bennier v Millar [2016] WASC 393
Betts v The Queen [2016] HCA 25; (2016) 258 CLR 420
Corpus v Roseveare [2015] WASC 165
Fordham v The Queen (1997) 98 A Crim R 359
House v R [1936] HCA 40; (1936) 55 CLR 499
Jetta v Director of Public Prosecutions for Western Australia [2021] WASC 234
Johnson v Vander Sanden [2021] WASCA 27
Kabambi v The State of Western Australia [2019] WASCA 44
LCM v The State of Western Australia [2016] WASCA 164; (2016) 262 A Crim R 1
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
M v The Queen [2004] WASCA 236
Moir v The State of Western Australia [2014] WASCA 25
O'Brien v Narang [2018] WASC 376
Pearman v The State of Western Australia [2021] WASCA 106
Phelps v Standen [2020] WASC 459
R v Araya (1992) 63 A Crim R 123
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
SBJ v The State of Western Australia [2019] WASCA 32
Sikora v Gibson [2018] WASC 271
Wellstead v The State of Western Australia [2019] WASCA 130
Weston v Cartmell [2015] WASC 87
Wheeler v The Queen [No 2] [2010] WASCA 105
FORRESTER J:
Introduction
On 4 January 2023, the appellant was sentenced to a 6 month intensive supervision order (ISO) in respect of two offences of damage, one offence of trespass and one offence of possession of methylamphetamine.
On 9 February 2023, the appellant was charged with four charges that on 4 February 2023, he breached a requirement of the ISO by testing positive to an illicit substance. The appellant pleaded guilty to these charges.
On 11 May 2023, pursuant to s 133 of the Sentencing Act 1995 (WA), the learned…
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- Case
- [2023] WASC 335
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