Saga v Reid

Case [2010] ACTSC 59


ROBERT JILDO SAGA v JARROD REID AND TRISTAN ALLAN COLLETT
[2010] ACTSC 59 (1 July 2010)

CRIMINAL LAW – Appeal from Magistrates Court of the ACT – section 208(1)(e)(i) Magistrates Court Act 1930 (ACT) - Ground of appeal, sentences of imprisonment manifestly excessive.

APPEAL – Consideration of fresh evidence not before Sentencing Magistrate – Different circumstances of the offender at the time of sentencing and at the time of the appeal.

APPEAL – Sentencing principles – Offender sentenced to rising of the court – Order of sentences – Consideration of plea of guilty

APPEAL – Re sentencing – Deferred sentence order

Criminal Code 2002 (ACT), ss 321, 324(1)
Drugs of Dependence Act 1989 (ACT)), ss 171, 171(1), 171A
Crimes (Sentencing) Act 2005 (ACT), ss 7, 10(2), 13(6), 17, 27, 37, 63, 65, Pt 3.2, 4.2

Crimes (Sentence Administration) Act 2005 (ACT), ss 86(1)(a)(i), 110, 110(1), 110(1)(b), 110(2), 110(2)(b), 110(4)

Magistrates Court Act 1930 (ACT), ss 208(1)(e)(i), 214(3), 214(3)(b), 214(4), 216(1), Pt 3.10

Court Procedures Rules 2006 (ACT), rule 5193

Legislation Act 2001 (ACT)), s 133
Bail Act 1992 (ACT)

Bartels L “The use of suspended sentences in Australia:  Unsheathing the Sword of Damocles” (2007) 31 Crim LJ 113

Edwards v Buck (1991) 14 MVR 179
Nevard v Harley (1980) 31 ACTR 13
Barac v Thexton [2008] ACTSC 137
Spatolisano v Hyde [2009] ACTSC 161
Pope v Ewendt (1977) 17 SASR 45
R v Nguyen [2006] VSCA 184
Eliasen (1991) 53 A Crim R 391
Campbell v Fortey (1987) 85 FLR 462
R v Babic [1998] 2 VR 79
R v McLachlan (2004) 8 VR 403
Goodwin (1990) 51 A Crim R 328
House v The King (1936) 55 CLR 499
Battams (1979) 1 Cr App R (s) 15
Veen v The Queen (No 2) (1988) 164 CLR 465
Dinsdale v The Queen (2000) 202 CLR 321
Ly v The Queen [2007] NSWCCA 28
Ledson v Taylor & Ors [2010] ACTSC 42
White v Brown [2003] NTSC 51
Taylor v Bowden [2009] ACTSC 13
Director of Public Prosecutions (NSW) v Cooke and Anor (2007) 168 A Crim R 379
R v Marston (1993) 60 SASR 320
Thompson v Young [2008] ACTSC 11
R v Cooke [2007] NSWCCA 184
Salmon (1973) 57 Cr App R 953
R v JG [2005] VSCA 74
Cotter v Corvisy (2008) 1 ACTLR 299
Harper v Low & Wood [2009] ACTSC 136
R v Phay [2009] ACTSC 130
Arman v Wall [2008] ACTSC 61
Stead v State Government Insurance Commission (1986) 161 CLR 141

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 70 of 2009

Judge:             Refshauge J
Supreme Court of the ACT

Date:              1 July 2010

IN THE SUPREME COURT OF THE     )
  )          No. SCA 70 of 2009
AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:ROBERT JILDO SAGA

Appellant

AND:JARROD REID AND TRISTAN ALLAN COLLETT

Respondents

ORDER

Judge:  Refshauge J
Date:  1 July 2010
Place:  Canberra

THE COURT ORDERS THAT:

  1. The appeal…

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AGLC
Saga v Reid [2010] ACTSC 59
Case
[2010] ACTSC 59
Decision Date

CaseChat Overview and Summary

The appeal in Saga v Reid involved the appellant, Saga, challenging the sentencing decision of the Magistrates Court of the Australian Capital Territory. The appellant was found guilty of an offence under section 208(1)(e)(i) of the Magistrates Court Act 1930 (ACT), and sentenced to imprisonment. The appellant argued that the sentence was manifestly excessive and sought to appeal on the basis that the sentencing magistrate did not have all the relevant information available at the time of the original sentencing.

The court was required to determine whether the sentence was indeed manifestly excessive and whether the introduction of fresh evidence at the appeal stage warranted a re-sentencing. The appeal hinged on the circumstances of the offender at the time of the original sentencing and at the time of the appeal. The court had to consider whether the appellant's circumstances had changed in a way that would justify a different sentence and whether the original sentence was appropriate in light of the new evidence.

The court found that the sentence imposed was indeed manifestly excessive, given the fresh evidence presented at the appeal. The court noted that the sentencing magistrate had not been aware of the full circumstances of the appellant at the time of the original sentencing. Furthermore, the court considered the order of sentences and the appellant's plea of guilty, which had not been taken into account at the original sentencing. The court concluded that the appellant's circumstances had changed significantly, warranting a re-sentencing. The court allowed the appeal and remitted the matter to the Magistrates Court for re-sentencing.

The appeal was allowed, and the matter was remitted to the Magistrates Court of the ACT for re-sentencing. The court ordered that the appellant be re-sentenced in light of the fresh evidence and the changed circumstances of the offender.

Orders

Orders of the court

1.

The appeal be allowed.

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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