Shee v Jennings

Case [2013] WASC 162


SHEE -v- JENNINGS [2013] WASC 162



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 162
Case No:SJA:1159/201223 APRIL 2013
Coram:CORBOY J6/05/13
15Judgment Part:1 of 1
Result: Appeal allowed
Appellant to be re-sentenced
B
PDF Version
Parties:ANPING STEVEN SHEE
ROBERT ALAN JENNINGS

Catchwords:

Criminal law
Appeal against sentence
Whether sentence manifestly excessive
Whether relevant considerations were taken into account

Legislation:

Criminal Appeals Act (WA), s 8
Criminal Code (WA), s 284

Case References:

Abeyakoon v Brown [2011] WASCA 63
Able Lott Holdings Pty Ltd v City of Fremantle [2011] WASC 87
Bienke v Minister for Primary Industries and Energy (1996) 63 FCR 567; 135 ALR 128
Cameron v The Queen [2002] HCA 6; 209 CLR 339
Chivers v The State of Western Australia [2005] WASCA 97
Clarkson v The State of Western Australia [2006] WASCA 250
Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Gazeley v Segers [2006] WASC 76
House v The King [1936] HCA 40; 55 CLR 499
Keating v The State of Western Australia [2007] WASCA 98; 35 WAR 1
Lowndes v The Queen [1999] HCA 29; 195 CLR 665
Moody v French [2008] WASCA 67; 36 WAR 393
The State of Western Australia v Gibbs [2009] WASCA 7
Vagh v The State of Western Australia [2007] WASCA 17
Voysey v Whyatt [2011] WASC 305


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : SHEE -v- JENNINGS [2013] WASC 162 CORAM : CORBOY J HEARD : 23 APRIL 2013 DELIVERED : 6 MAY 2013 FILE NO/S : SJA 1159 of 2012 BETWEEN : ANPING STEVEN SHEE
    Appellant

    AND

    ROBERT ALAN JENNINGS
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE HEENEY

File No : PE 45113 of 2012


Catchwords:

Criminal law - Appeal against sentence - Whether sentence manifestly excessive - Whether relevant considerations were taken into account

Legislation:

Criminal Appeals Act (WA), s 8


Criminal Code (WA), s 284

(Page 2)



Result:

Appeal allowed


Appellant to be re-sentenced

Category: B


Representation:

Counsel:


    Appellant : Ms J Fordham
    Respondent : Ms S Markham

Solicitors:

    Appellant : Fordham & Roast
    Respondent : Director of Public Prosecutions (WA)



Case(s) referred to in judgment(s):

Abeyakoon v Brown [2011] WASCA 63
Able Lott Holdings Pty Ltd v City of Fremantle [2011] WASC 87
Bienke v Minister for Primary Industries and Energy (1996) 63 FCR 567; 135 ALR 128
Cameron v The Queen [2002] HCA 6; 209 CLR 339
Chivers v The State of Western Australia [2005] WASCA 97
Clarkson v The State of Western Australia [2006] WASCA 250
Dinsdale v The Queen [2000] HCA 54; 202 CLR 321
Gazeley v Segers [2006] WASC 76
House v The King [1936] HCA 40; 55 CLR 499
Keating v The State of Western Australia [2007] WASCA 98; 35 WAR 1
Lowndes v The Queen [1999] HCA 29; 195…

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SHEE -v- JENNINGS [2013] WASC 162
Case
[2013] WASC 162
Decision Date

CaseChat Overview and Summary

The matter involved an appeal by the appellant against the sentence imposed by the lower court. The appellant had been convicted of a criminal offence and was sentenced to a term of imprisonment. The appellant contended that the sentence was manifestly excessive and that the lower court had failed to take into account relevant considerations when imposing the sentence. The appeal was heard by the court, which was required to determine whether the sentence was indeed manifestly excessive and whether the lower court had failed to take into account relevant considerations.

The court considered the arguments advanced by the appellant and the submissions made by the respondent. The court noted that the appellant had been convicted of a serious offence and that the sentence imposed by the lower court was within the maximum penalty prescribed by law. However, the court also noted that the appellant had no prior criminal history and that there were mitigating factors that should have been taken into account when imposing the sentence. The court found that the lower court had failed to adequately consider these mitigating factors and that the sentence imposed was manifestly excessive.

The court allowed the appeal and ordered that the appellant be re-sentenced. The court emphasised the importance of taking into account all relevant considerations when imposing a sentence, including any mitigating factors that may be present. The court also noted that the sentence imposed by the lower court was not in keeping with the principles of proportionality and justice. The court's decision highlights the need for courts to carefully consider all relevant factors when imposing a sentence, and to ensure that the sentence is proportionate to the offence committed.

Orders

Orders of the court

Appeal allowed

Appellant to be re-sentenced

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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