Stjepic v Christian

Case [2005] WASC 193


STJEPIC -v- CHRISTIAN [2005] WASC 193



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASC 193
Case No:SJA:1026/20054 AUGUST 2005
Coram:SIMMONDS J30/08/05
29Judgment Part:1 of 1
Result: Appeal allowed
B
PDF Version
Parties:DOUGLAS STJEPIC
CRAIG ANTHONY CHRISTIAN

Catchwords:

Criminal law and procedure
Sentencing
Firearms offences
Offender convicted on plea of guilty of aggravated possession of a firearm without being the holder of a licence or permit and possession of ammunition without being the holder of a licence or permit
Offender sentenced on firearm offence to 9 months' imprisonment suspended for 18 months
Whether sentence manifestly inadequate
Whether suspended sentence was inappropriate in all the circumstances

Legislation:

Firearms Act 1973 (WA), s 19(1)

Case References:

Dabag v The State of Western Australia [2005] WASC 140
Day v The Queen [2001] WASCA 284
Dinsdale v The Queen (2000) 202 CLR 321
Griffiths v The Queen (1977) 137 CLR 293
Hall v Collins [2003] WASCA 74
House v The King (1936) 55 CLR 499
Latham v The Queen [2000] WASCA 338
Lowndes v The Queen (1999) 195 CLR 665
Malatesta v Pinch [2001] WASCA 224
Markarian v The Queen (2005) 215 ALR 213
Mercanti v The State of Western Australia [2005] WASC 122
R v Liddington, unreported; CCA SCt of WA; Library No 970614; 14 November 1997
R v Nevermann (1989) 43 A Crim R 347
Van Thong Dao v The Queen, unreported; CCA, SCt of WA ; Library No 990015; 22 January 1999

Attenborough v The State of Western Australia [2005] WASCA 132
Groom v The Queen [1999] 2 VR 159

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : STJEPIC -v- CHRISTIAN [2005] WASC 193 CORAM : SIMMONDS J HEARD : 4 AUGUST 2005 DELIVERED : 30 AUGUST 2005 FILE NO/S : SJA 1026 of 2005 MATTER : Justices Act 1902 BETWEEN : DOUGLAS STJEPIC
    Appellant

    AND

    CRAIG ANTHONY CHRISTIAN
    Respondent

ON APPEAL FROM:

Jurisdiction : COURT OF PETTY SESSIONS

Coram : MR D N JONES SM

File No : PE 12045 of 2005





Catchwords:

Criminal law and procedure - Sentencing - Firearms offences - Offender convicted on plea of guilty of aggravated possession of a firearm without being the holder of a licence or permit and possession of ammunition without being the holder of a licence or permit - Offender sentenced on firearm offence to 9 months' imprisonment suspended for 18 months - Whether sentence manifestly inadequate - Whether suspended sentence was inappropriate in all the circumstances



(Page 2)

Legislation:

Firearms Act 1973 (WA), s 19(1)




Result:

Appeal allowed




Category: B


Representation:


Counsel:


    Appellant : Mr S E Stone & Mr C G Astill
    Respondent : Mr D Grace QC & Mr L M Levy


Solicitors:

    Appellant : State Director of Public Prosecutions
    Respondent : Laurie Levy & Associates



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

Dabag v The State of Western Australia [2005] WASC 140
Day v The Queen [2001] WASCA 284
Dinsdale v The…

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Stjepic v Christian [2005] WASC 193
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[2005] WASC 193
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CaseChat Overview and Summary

In this case, Douglas Stjepic appeals against the sentence imposed by the sentencing Magistrate on a charge of aggravated possession of a firearm without a licence or permit, under the Firearms Act 1973 (WA). The appeal is against the sentence of imprisonment for 9 months suspended for 18 months. The grounds of appeal are that the sentence was manifestly inadequate and that the suspension of the term of imprisonment was inappropriate in all the circumstances. The appeal raises the question of the appropriate approach to sentencing for firearm offences since the recent changes in the Firearms Act, as well as the question of the application of the standard for the reasons given by sentencing officers in the position of the sentencing Magistrate in this case. The court first considered the charges the respondent faced and the sentences he received. It then turned to consider the two grounds of appeal. The court concluded that the sentence of 9 months' imprisonment was manifestly inadequate in this case and that a significantly longer sentence was called for in the sound exercise of sentencing discretion. It concluded that the appeal against the sentence of 9 months should be upheld. The court then considered the appeal against the suspension of the sentence. It concluded that the sentencing Magistrate, in the remarks on sentencing, did indeed recognise the seriousness of the respondent's offending and the importance of general deterrence in this case. However, it concluded that the decision to suspend the term of imprisonment was not manifestly inadequate, that is, outside the range of the exercise of a sound sentencing discretion which would have indicated such an error. The court concluded that the appeal against the suspension of the sentence should not be upheld. The court concluded that the appeal should be allowed, the sentence of 9 months' imprisonment suspended for 18 months quashed and in lieu of that sentence a sentence of 18 months' imprisonment suspended for 24 months imposed.

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