SMEJLIS -v- MATTHEWS [2004] WASCA 158
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 158 | |
| Case No: | SJA:1024/2004 | 1 JULY 2004 | |
| Coram: | JENKINS J | 29/07/04 | |
| 33 | Judgment Part: | 1 of 1 | |
| Result: | Appeal against conviction dismissed, Appeal against sentence allowed in part | ||
| B | |||
| PDF Version |
| Parties: | SIMON TIMOTHY SMEJLIS PAUL VALANCE MATTHEWS |
Catchwords: | Criminal law Appeal from decision of Magistrate Conviction and sentence Assault occasioning bodily harm Inferences available from evidence Meaning of "procure" Definition of "bodily harm" Immediate sentence of imprisonment for youthful first offender |
Legislation: | Criminal Code (WA), s 1, s 7(d), s 8, s 317(1) Justices Act 1902 (WA), s 199(1)(b) Sentencing Act 1995 (WA), s 6, s 6(4), s 20(1), s 21, s 88(1) |
Case References: | Attorney General's Reference [1975] 1 QB 773 Chamberlain v The Queen [No 2] (1983) 153 CLR 521 Cramer v The Queen, unreported; CCA SCt of WA; Library No 980620; 28 October 1998 Dinsdale v The Queen (2000) 202 CLR 321 Haysdale Nominees Pty Ltd v Shepherd (1998) 98 A Crim R 435 Lloyd v Faraone [1989] WAR 154 Morris v The Queen (1987) 163 CLR 454 Pettit v Dunkley [1971] 1 NSWLR 376 R v Castiglione [1963] NSWR 1 Rosenberg v Percival (2001) 205 CLR 434 Scatchard v The Queen (1987) 27 A Crim R 136 Smith v The Queen (1992) 7 WAR 527 Carlson v The King (1947) 64 WN (NSW) 65 Garrett v Nicholson [1999] WASCA 32 Harvey v Matthews [1999] WASCA 58 Lam v Beesley (1992) 7 WAR 88 Lowndes v The Queen (1999) 195 CLR 665 M v The Queen (1994) 181 CLR 487 Shepherd v The Queen (1990) 170 CLR 573 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Appellant
AND
PAUL VALANCE MATTHEWS
Respondent
ON APPEAL FROM:
Jurisdiction : COURT OF PETTY SESSIONS
Coram : MR NICHOLLS SM
File Number : JO 4885, JO 4886, JO 4887 & JO 4888 of 2003
Catchwords:
Criminal law - Appeal from decision of Magistrate - Conviction and sentence - Assault occasioning bodily harm - Inferences available from evidence - Meaning of "procure" - Definition of "bodily harm" - Immediate sentence of imprisonment for youthful first offender
(Page 2)
Legislation:
Criminal Code (WA), s 1, s 7(d), s 8, s 317(1)
Justices Act 1902 (WA), s 199(1)(b)
Sentencing Act 1995 (WA), s 6, s 6(4), s 20(1), s 21, s 88(1)
Result:
Appeal against conviction dismissed
Appeal against sentence allowed in part
Category: B
Representation:
Counsel:
Appellant : Mr R G W Bayly
Respondent : Mr C Williams
Solicitors:
Appellant : Bayly & O'Brien
Respondent : State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Attorney General's Reference [1975] 1 QB 773
Chamberlain v The Queen [No 2] (1983)…
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Details
- AGLC
- Smejlis v Matthews [2004] WASCA 158
- Case
- [2004] WASCA 158
- Decision Date
CaseChat Overview and Summary
The matter before the court involved an appeal from a conviction and sentence issued by a magistrate. The appellant, Smejlis, was convicted of assault occasioning bodily harm against the respondent, Matthews. The appellant contested the conviction and the sentence imposed. The case was heard in the Supreme Court, which reviewed the magistrate's decision. The legal issues before the court were whether the evidence supported the conviction, the interpretation of certain terms used in the charge, and the appropriateness of the sentence given.
The court examined the evidence presented to determine if it was sufficient to support the conviction. Specifically, the court considered the meaning of the term "procure" within the context of the assault charge and whether the bodily harm alleged was adequately defined and proven. The court also evaluated the sentence imposed on the appellant, who was a youthful first offender, and whether the immediate imprisonment term was appropriate. The court's analysis involved a detailed review of the evidence, the legal definitions, and sentencing principles relevant to the case.
The court found that the evidence was sufficient to support the conviction, affirming that the term "procure" as used in the charge was correctly interpreted and that the bodily harm alleged was adequately defined and proven. However, the court determined that the sentence imposed was too severe given the appellant's age and the fact that it was his first offence. The court allowed the appeal against the sentence in part, reducing the term of imprisonment to a community-based order more suitable for a youthful first offender.
The final orders of the court were to dismiss the appeal against the conviction but to allow the appeal against the sentence in part. The conviction remained intact, but the original sentence was varied to a community-based order. This decision balanced the need for accountability and deterrence with the principles of rehabilitation and proportionality in sentencing.
The court examined the evidence presented to determine if it was sufficient to support the conviction. Specifically, the court considered the meaning of the term "procure" within the context of the assault charge and whether the bodily harm alleged was adequately defined and proven. The court also evaluated the sentence imposed on the appellant, who was a youthful first offender, and whether the immediate imprisonment term was appropriate. The court's analysis involved a detailed review of the evidence, the legal definitions, and sentencing principles relevant to the case.
The court found that the evidence was sufficient to support the conviction, affirming that the term "procure" as used in the charge was correctly interpreted and that the bodily harm alleged was adequately defined and proven. However, the court determined that the sentence imposed was too severe given the appellant's age and the fact that it was his first offence. The court allowed the appeal against the sentence in part, reducing the term of imprisonment to a community-based order more suitable for a youthful first offender.
The final orders of the court were to dismiss the appeal against the conviction but to allow the appeal against the sentence in part. The conviction remained intact, but the original sentence was varied to a community-based order. This decision balanced the need for accountability and deterrence with the principles of rehabilitation and proportionality in sentencing.
Orders
Orders of the court
Appeal against conviction dismissed, Appeal against sentence allowed in part
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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