Shoard v Van Der Zanden

Case [2013] WASC 163


SHOARD -v- VAN DER ZANDEN [2013] WASC 163



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 163
Case No:SJA:1054/201330 APRIL 2013
Coram:HALL J3/05/13
17Judgment Part:1 of 1
Result: Leave to appeal refused
Appeal dismissed
B
PDF Version
Parties:NATHAN BRADLEY SHOARD
CHRISTIAN JAN VAN DER ZANDEN

Catchwords:

Criminal law
Appeal against sentence
Assault occasioning bodily harm
Whether 7 months' immediate imprisonment manifestly excessive
Turns on own facts

Legislation:

Nil

Case References:

Chan (1989) 38 A Crim R 337
Closter v Humphries [2012] WASC 145
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Evans v Vanderheide [2001] WASCA 352
Gavin v The Queen (1992) 6 WAR 195
Griffiths v Procopis [2012] WASC 40
Harvey v Ingles [2004] WASCA 30; (2004) 40 MVR 398
Holden v The State of Western Australia [2009] WASCA 50
House v The King [1936] HCA 40; (1936) 55 CLR 499
Hull v The State of Western Australia [2005] WASCA 194
Johnson v Hayter [2001] WASCA 118
Kilner v The Queen [1999] WASCA 189
Langdon v Kelemete-Leoli-McLean [2011] WASCA 26
Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665
Mical v Ward [2003] WASCA 149
Mitchell v The Queen [2001] WASCA 255
Morcom v The State of Western Australia [2013] WASCA 31
Mourish v The State of Western Australia [2006] WASCA 257
Plant v Harrington [2010] WASC 364
Poletti v Adams [2005] WASC 66
Robinson v Smith [2005] WASC 99
The State of Western Australia v Anderson [2004] WASCA 157
The State of Western Australia v BLM [2009] WASCA 88
The State of Western Australia v Camilleri [2008] WASCA 217
The State of Western Australia v Cheeseman [2011] WASCA 15
Trompler v The State of Western Australia [2008] WASCA 265
Vagh v The State of Western Australia [2007] WASCA 17
Wiltshire v Mafi [2010] WASCA 111


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : SHOARD -v- VAN DER ZANDEN [2013] WASC 163 CORAM : HALL J HEARD : 30 APRIL 2013 DELIVERED : 3 MAY 2013 FILE NO/S : SJA 1054 of 2013 BETWEEN : NATHAN BRADLEY SHOARD
    Appellant

    AND

    CHRISTIAN JAN VAN DER ZANDEN
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : CHIEF MAGISTRATE S A HEATH

File No : PE 12009 of 2013


Catchwords:

Criminal law - Appeal against sentence - Assault occasioning bodily harm - Whether 7 months' immediate imprisonment manifestly excessive - Turns on own facts


(Page 2)



Legislation:

Nil

Result:

Leave to appeal refused


Appeal dismissed

Category: B


Representation:

Counsel:


    Appellant : Mr A E Monisse
    Respondent : Mr L M Fox

Solicitors:

    Appellant : Stephen McGrath
    Respondent : Director of Public Prosecutions (WA)



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

Chan (1989) 38 A Crim R 337
Closter v Humphries [2012] WASC 145
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Evans v Vanderheide [2001] WASCA 352
Gavin v…

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SHOARD -v- VAN DER ZANDEN [2013] WASC 163
Case
[2013] WASC 163
Decision Date

CaseChat Overview and Summary

Shoard v Van Der Zanden involved the appellant, Shoard, who sought to appeal against the sentence imposed for a conviction of assault occasioning bodily harm. The case was heard in the Court of Appeal where Shoard argued that the sentence of seven months' immediate imprisonment was manifestly excessive. Shoard's appeal hinged on the argument that the sentence was disproportionately harsh given the specifics of his case. The central legal issue before the court was whether the sentence was manifestly excessive, requiring consideration of the nature of the offence, the circumstances surrounding it, and the principles governing sentencing in similar cases.

The Court of Appeal meticulously examined the sentencing principles applicable to cases of assault occasioning bodily harm. It considered the nature of the assault, the extent of the bodily harm caused, and the personal circumstances of Shoard. The court also weighed the need for general deterrence and the necessity to maintain public confidence in the criminal justice system. After a thorough analysis, the court concluded that the sentence was not manifestly excessive. It found that the sentence imposed was within the range of penalties appropriate for the offence committed, taking into account the principles of proportionality and justice.

In dismissing the appeal, the Court of Appeal emphasised the importance of judicial discretion in sentencing and the principle that such decisions should not be lightly interfered with on appeal. The court held that the original sentence was neither manifestly excessive nor unjust, and therefore, Shoard's appeal was properly dismissed. Consequently, the appeal was refused, and the original sentence stood affirmed.

Orders

Orders of the court

Leave to appeal refused

Appeal dismissed

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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