CITATION:Skeen v Byrne [2017] NTSC 93
PARTIES:SKEEN, Nicholas
v
BYRNE, Nicholas O’Shea
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING APPELLATE JURISDICTION
FILE NO:LCA 50 of 2017 (21659226)
DELIVERED ON: 19 December 2017
DELIVERED AT: DARWIN
HEARING DATES: 22 November 2017
JUDGMENT OF: BLOKLAND J
APPEAL FROM: THE LOCAL COURT
CATCHWORDS:
CRIMINAL LAW – SENTENCE – PRACTICE and PROCEDURE – Procedural fairness – Lack of interpreter during supervision assessment – No breach of procedural fairness – Appeal dismissed
CRIMINAL LAW – SENTENCE – BREACH OF PROCEDURAL FAIRNESS – lack of interpreter during supervision assessment – Procedure adopted by sentencing judge as a result of lack of interpreter – Unsuitable for other reasons – No breach of procedural fairness – Appeal dismissed
Churnside v The State of Western Australia [2016] WASCA 146; G v Bourne (1991) 105 FLR 52; O’Keefe v Tankard [1989] VR 371; Pantorno v R (1989) 166 CR 466; R v Wang; R v Roizman [2013] NSWCCA 2; Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR; Weir v R [2011] NSWCCA 123; Yinarrarra v Heath [2017] NTSC 54, referred to
REPRESENTATION:
Counsel:
Appellant:Ms B.Wild
Respondent: Mr J.Bortoli
Solicitors:
Appellant:North Australian Aboriginal Justice Agency
Respondent: Murphy and Associates
Judgment category classification: C
Judgment ID Number: BLO 1709
Number of pages: 13
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINSkeen v Byrne [2017] NTSC 93
No. 21659226
BETWEEN:
NICHOLAS SKEEN
Appellant
AND:
NICHOLAS O’SHEA BYRNE
Respondent
CORAM: BLOKLAND J
REASONS FOR JUDGMENT
(Delivered 19 December 2017)
Introduction and background
This is an appeal against a sentence imposed by the Local Court on the grounds of lack of procedural fairness during the sentencing proceedings.
The appellant pleaded guilty to one count of aggravated assault. The circumstances of aggravation were that the victim (the appellant’s mother) suffered harm; that she was female; and that she was unable to defend herself. The third circumstance of aggravation referred to the victim being in a seated position and that the appellant was standing. After some argument, the sentencing judge found the third circumstance of aggravation had been made out.[1]
The facts constituting the offending were that after the appellant and victim had become intoxicated, the appellant kicked the victim to her head with his left foot. The kick caused her to fall backwards onto the pavement. She suffered a laceration to her bottom lip and was taken to the Mataranka Health Clinic for treatment.[2]
The plea hearing took place in the Local Court sitting at Mataranka. The appellant was sentenced to four months imprisonment. After hearing submissions, the learned sentencing judge rejected the submission made on the appellant’s behalf that “exceptional circumstances” were made out in the context of the applicable mandatory term of imprisonment of three months. The Court also rejected a submission that a portion of the sentence be suspended.[3]
The Notice of Appeal…
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- AGLC
- Skeen v Byrne [2017] NTSC 93
- Case
- [2017] NTSC 93
- Decision Date
CaseChat Overview and Summary
The court was required to decide if the lack of an interpreter during the supervision assessment constituted a breach of procedural fairness. Additionally, the court needed to consider whether the procedure adopted by the sentencing judge, due to the lack of an interpreter, was unsuitable and whether this led to a breach of procedural fairness. The court had to evaluate the appropriateness of the procedure followed by the sentencing judge and determine if the absence of an interpreter or the adopted procedure constituted a breach of procedural fairness.
The court found that the absence of an interpreter during the supervision assessment did not constitute a breach of procedural fairness. The court also determined that the procedure adopted by the sentencing judge, as a result of the lack of an interpreter, was unsuitable for other reasons. However, the court concluded that these factors did not breach procedural fairness. Consequently, the appeal was dismissed by the court of appeal. The decision confirmed that the lack of an interpreter and the adopted procedure did not breach procedural fairness, and the appeal was rightly dismissed.
The court did not make any further orders beyond dismissing the appeal. The decision reinforced the importance of procedural fairness in criminal sentencing processes but confirmed that, in this instance, the absence of an interpreter and the adopted procedure did not constitute a breach. The ruling serves as a reminder of the principles of procedural fairness in criminal proceedings and the specific circumstances under which such principles may be upheld or breached.
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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