Stevenson v Mackay

Case [2020] WASC 437


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   STEVENSON -v- MACKAY [2020] WASC 437

CORAM:   DERRICK J

HEARD:   12 NOVEMBER 2020

DELIVERED          :   2 DECEMBER 2020

FILE NO/S:   SJA 1049 of 2020

BETWEEN:   LUKE JOHN STEVENSON

Appellant

AND

CHRISTOPHER MACKAY

Respondent


Catchwords:

Criminal law - Appeal against sentence - Sentence of immediate imprisonment imposed for offence of obstructing a public officer - Whether magistrate imposed wrong type of sentence for offence of obstructing a public officer - Whether magistrate made an error in treating appellant's drug use as an aggravating factor - Whether magistrate failed to consider first limb of totality principle - Whether total sentence imposed by magistrate contravened first limb of totality principle

Legislation:

Criminal Appeals Act 2004 (WA)
Criminal Code (WA)
Road Traffic Act 1974 (WA)
Sentencing Act 1995 (WA)

Result:

Appeal allowed
Appellant resentenced

Category:    B

Representation:

Counsel:

Appellant : Mr D Hunter
Respondent : Ms M M Yeung

Solicitors:

Appellant : Legal Aid (WA)
Respondent : Director Of Public Prosecutions (WA)

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

Birch v Binnekamp [2018] WASC 58

Bogers v The State of Western Australia [2020] WASCA 174

Collard v Peden [2017] WASC 32

Corpus v Roseveare [2015] WASC 165

Dillon v The State of Western Australia [2020] WASCA 24

Djanghara v Law [2020] WASC 258

Elwin v Robinson [2012] WASC 311

Elwin v Robinson [2014] WASCA 46

Evans v The State of Western Australia [2019] WASCA 73

Forrest v The State of Western Australia [2019] WASCA 172

Gowan v The State of Western Australia [2016] WASCA 98

Gray v Hayter [2017] WASC 140

Hamlett v Whitney [2013] WASC 100

Harper v Page [2004] WASCA 267

Italiano v The State of Western Australia [2020] WASCA 115

Kabambi v The State of Western Australia [2019] WASCA 44

Kelly v The State of Western Australia [2020] WASCA 29

Kennedy v The State of Western Australia [2017] WASC 156

Law v The Queen [2019] WASCA 81

Lewsam v The State of Western Australia [2016] WASCA 60

Mason v The State of Western Australia [2018] WASCA 43

McComish v Harman [2016] WASC 324

McNamara v The State of Western Australia [2013] WASCA 63

Moir v The State of Western Australia [2014] WASCA 25

NTH v The State of Western Australia [2020] WASCA 22

Page v The State of Western Australia [2018] WASCA 76

Riseley v Gill [2015] WASC 342

Salkilld v The State of Western Australia [2017] WASCA 168

Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473

Squance v The State of Western Australia [2018] WASCA 25

Suleiman v The State of Western Australia [2017] WASCA 26

The State of Western Australia v Jacoby [2020] WASCA 150

The State of Western Australia v Paolucci [2020] WASCA 188

The State of Western Australia v Richards [2020] WASCA 129

The State of Western Australia v Wilkins [2020] WASCA 149

Vickery v McAlinden [2017] WASC 224

Willenberg v Downey [2015] WASC 282

WRT v The State of Western Australia…

Continue reading Stevenson v Mackay

Sign in free to access the full text

Details
AGLC
Stevenson v Mackay [2020] WASC 437
Case
[2020] WASC 437
Decision Date

CaseChat Overview and Summary

In the case of Stevenson v Mackay, the appellant appealed against his sentence for the offence of obstructing a public officer. The appellant was sentenced to immediate imprisonment by the magistrate, who also considered the appellant's drug use as an aggravating factor. The appellant argued that the magistrate imposed the wrong type of sentence for the offence and erred in treating his drug use as an aggravating factor. The appellant also argued that the magistrate failed to consider the first limb of the totality principle and that the total sentence contravened the first limb of the totality principle. The court of appeal was required to determine whether the magistrate imposed the correct type of sentence for the offence, whether the magistrate erred in treating the appellant's drug use as an aggravating factor, and whether the magistrate failed to consider the first limb of the totality principle. The court also had to determine whether the total sentence contravened the first limb of the totality principle.

The court of appeal found that the magistrate imposed the wrong type of sentence for the offence of obstructing a public officer. The court held that the correct type of sentence for this offence is a fine or imprisonment for a term not exceeding six months. The court found that the magistrate erred in treating the appellant's drug use as an aggravating factor, as it was not relevant to the offence of obstructing a public officer. The court also found that the magistrate failed to consider the first limb of the totality principle, which requires that the total punishment for all offences must not be excessive in relation to the gravity of the offences committed. The court held that the total sentence imposed by the magistrate contravened the first limb of the totality principle as it was excessive in relation to the gravity of the offence.

The court of appeal quashed the sentence imposed by the magistrate and remitted the matter to the original sentencing court for re-sentencing. The court held that the original sentencing court should consider the correct type of sentence for the offence of obstructing a public officer, and should not treat the appellant's drug use as an aggravating factor. The court also held that the original sentencing court should consider the first limb of the totality principle and ensure that the total punishment for all offences is not excessive in relation to the gravity of the offences committed. The court did not provide any specific orders regarding the re-sentencing of the appellant.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.