SBT v Wright

Case [2021] ACTSC 322


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

SBT v Wright

Citation:

[2021] ACTSC 322

Hearing Date:

3 November 2021

DecisionDate:

21 December 2021

Before:

Mossop J

Decision:

See [86]

Catchwords:

CRIMINAL LAW – APPEAL – Appeal from ACT Magistrates Court – sentence appeal – whether sentences imposed were manifestly excessive – common assault – property damage – fail to appear – resist arrest – fail to stop – drive unlicensed as a repeated offender – drive motor vehicle without consent – six offences committed while appellant was a young person – where appellant has mental health diagnoses – sentences not manifestly excessive – appeal dismissed

APPEAL – ADMISSION OF FURTHER EVIDENCE – Where appellant sought to admit further evidence on appeal – whether admission of further evidence means that it is no longer necessary to establish an error prior to resentencing – operation of s 214 of the Magistrates Court Act 1930 (ACT) – error is necessary for an appeal even if further evidence is admitted – further evidence not admitted

Legislation Cited:

Bail Act 1992 (ACT), s 49(1)

Crimes Act 1900 (ACT), ss 26, 116(3)
Crimes Act 1958 (Vic), s 568(4)
Criminal Code 2002 (ACT), ss 318(2), 361(1)
Criminal Appeal Act 1912 (NSW), s 5D
Court Procedures Act 2004 (ACT), s 74L
Crimes (Sentencing) Act 2005 (ACT), s 65
Magistrates Court Act 1930 (ACT), ss 214, 218
Road Transport (Driver Licensing) Act 1999 (ACT), s 31(2)

Road Transport (Safety and Traffic Management) Act 1999 (ACT), s 5C

Cases Cited:

Allesch v Maunz [2000] HCA 40; 203 CLR 172

Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Campbell v Fortey (1987) 85 FLR 462
Edwards v Marinus [2010] ACTSC 57
Eliasen v The Queen (1991) 53 A Crim R 391
Fallon v Baker [2018] ACTSC 319
Griffiths v The Queen (1977) 137 CLR 293
Grooms v Toohey [2012] ACTSC 28; 7 ACTLR 1
IT v Knight [2020] ACTSC 101
Islam v Wasley [2014] ACTSC 127
Kibblewhite v Buik [2020] ACTSC 132
Lukatela v Birch [2008] ACTSC 99; 223 FLR 1
Martin (unreported, Victorian Court of Criminal Appeal, 19 March 1990)
R v Blackburn; R v QH [2021] ACTSC 284
R v Brain [1999] SASC 358; 74 SASR 92
R v C [2004] SASC 244; 89 SASR 270

R v Dowling (No 2) [2021] ACTSC 200
R v Elphick [2021] ACTSC 9
R v Fry [2021] ACTSC 138
R v Goolagong (No 2) [2021] ACTSC 131
R v Massey (No 1) [2020] ACTSC 256
R v Po’oi [2021] ACTSC 151

R v Prior [1966] VR 459
R v Tutchell [1979] VR 248
R v Taylor and O’Mealley [1958] VR 285
Saga v Reid [2010] ACTSC 59
SE v Ruhen [2019] ACTSC 190
Subasic v Williams [2018] ACTSC 207; 85 MVR 209

The Queen v Nguyen [2006] VSCA 184

Parties:

SBT ( Appellant)

Robert Wright (First Respondent)

Tristian Halstead (Second Respondent)

Danielle McCormick (Third Respondent)

Fern Dredge (Fourth Respondent)

Representation:

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AGLC
SBT v Wright [2021] ACTSC 322
Case
[2021] ACTSC 322
Decision Date

CaseChat Overview and Summary

The appellant has appealed against sentences imposed by the Magistrates Court and Childrens Court on 12 August 2021. The sole ground of appeal is that the sentences imposed were manifestly excessive. The appellant sought that the sentences be set aside and that he be resentenced. The court considered whether it was necessary to establish an error prior to resentencing even if further evidence was admitted. The court concluded that it was still necessary to establish error in order for an appeal to succeed, even if further evidence was admitted. The court found that the sentences were not manifestly excessive and dismissed the appeal.

Orders

Orders of the court

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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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