JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: SAKKERS -v- THORNTON [2009] WASC 175
CORAM: SIMMONDS J
HEARD: 27 MAY 2009
DELIVERED : 22 JUNE 2009
FILE NO/S: SJA 1106 of 2008
BETWEEN: JAMIE DONALD SAKKERS
Appellant
AND
PAUL HARVEY THORNTON
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE P M HEANEY
File No :PE 58697 of 2008, PE 58698 of 2008, PE 58699 of 2008, PE 58700 of 2008, PE 58701 of 2008, PE 58702 of 2008, PE 58703 of 2008, PE 58704 of 2008, PE 58705 of 2008, PE 58706 of 2008, PE 58707 of 2008, PE 58708 of 2008, PE 58709 of 2008, PE 58710 of 2008, PE 58711 of 2008, PE 58712 of 2008
Catchwords:
Criminal law and procedure - Sentencing - Appeal against sentences by magistrate on charges of aggravated stalking, breaches of restraining order and aggravated possession of firearm - Sentencing on offence where evidence necessary to establish commission of that offence also necessary to establish commission of another offence on which offender also sentenced - Whether error in relation to totality principle - Whether double punishment - Whether individual sentences manifestly excessive - Whether failure properly to approach sentencing at the maximum penalty in a court of summary jurisdiction - Whether error in approaching matter of suspended sentence
Legislation:
Criminal Code (WA), s 5, s 338E
Firearms Act 1973 (WA), s 8, s 19, s 23, s 27A
Restraining Orders Act 1997 (WA), s 14, s 61
Sentencing Act 1995 (WA), s 11
Result:
Appeal allowed
Sentences for breaches of restraining order quashed
Category: B
Representation:
Counsel:
Appellant: Mr M T Trowell QC & Mr A G Spashett
Respondent: Mr M G Nicol
Solicitors:
Appellant: Dean R Love & Associates
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Anglesey v The Queen [2002] WASCA 194
Bosworth v State of Western Australia [2007] WASCA 144; (2007) 175 A Crim R 49
Cameron v The Queen [2002] HCA 6; (2002) 209 CLR 339
Carr v State of Western Australia [2006] WASCA 125; (2006) 166 A Crim R 1
Cranssen v The King (1936) 55 CLR 509
Dinsdale v The Queen (2000) 202 CLR 321
Evans v Vanderheide [2001] WASCA 352
Furber v The Queen [2008] WASCA 233
Gilmour v The State of Western Australia [2008] WASCA 42
Griekspoor v Scott [2000] WASCA 419; (2000) 23 WAR 530
Hellings v The Queen [2003] WASCA 208
House v The King (1936) 55 CLR 499
James (1985) 14 A Crim R 364
Luckman v Leucas [2001] WASCA 57
Moody v French [2008] WASCA 67; (2008) 36 WAR 393
Nevermann (1989) 43 A Crim R 347
Owens v The Queen (Unreported, WASCA, Library No 980326, 17 June 1998)
R v Tait and Bartley (1979) 24 ALR 473
Sweeney v Corporate Security Group [2003] SASC 324
The State of Western Australia v Amoore [2008] WASCA 65; (2008) 182 A Crim R 165
Continue reading Sakkers v Thornton
Sign in free to access the full text
- AGLC
- Sakkers v Thornton [2009] WASC 175
- Case
- [2009] WASC 175
- Decision Date
CaseChat Overview and Summary
The court found that there was an error in the magistrate's approach to sentencing, specifically in relation to the principle that a person should not be sentenced twice on the same evidence. The evidence necessary to establish the commission of the offence of aggravated stalking was also the evidence necessary to establish the commission of the breaches of the restraining order. The court determined that the sentences for the breaches of the restraining order should be quashed, and the sentence for the stalking offence should stand, as it subsumed all of the factual circumstances of the breaches. The court also found that the totality principle had not been properly applied, and the total sentence of 19 months and 2 weeks was not a just and appropriate measure of the total criminality involved in the offending.
The court upheld the appeal on the ground that the sentences for the breaches of the restraining order were quashed, resulting in a reduced total sentence of 19 months and 2 weeks. The court did not find that the sentences were manifestly excessive or that there had been double punishment. The court also found no error in the approach to the matter of a suspended sentence. The appeal was allowed, and the sentences for the breaches of the restraining order were quashed.
The final orders were that the appeal was allowed, and the sentences for the breaches of the restraining order were quashed. The sentence for the stalking offence remained in place, and the total sentence was reduced to 19 months and 2 weeks.
Orders
Orders of the court
Appeal allowed
Sentences for breaches of restraining order quashed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.