STRAHAN -v- TAYLOR [2012] WASC 307

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2012] WASC 307
Case No:	SJA:1108/2011	Heard:	17 APRIL 2012
Coram:	EM HEENAN J	Delivered:	29/08/2012
No of Pages:	24	Judgment Part:	1 of 1
Result:	Leave to appeal against conviction refused Appeal dismissed Leave to appeal against sentence granted Appeal dismissed
Category:	B
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On Appeal from:	For File Number: SJA 1108 of 2011 Jurisdiction: MAGISTRATES COURT OF WESTERN AUSTRALIA Coram: MAGISTRATE K T FISHER File Number: BU 290 of 2011
Parties:	PATRICK JOHN STRAHAN GREGORY SHANE TAYLOR
Catchwords:	Application for leave to appeal against conviction and sentence Assault occasioning bodily harm Imprisonment for 20 months with eligibility for parole Criminal Code s 317(1)
Legislation:	Criminal Appeals Act 2004 (WA) Criminal Code (WA)
Case References:	Brown v The State of Western Australia [2010] WASCA 228 Dinsdale v The Queen (2000) 202 CLR 321 Gipp v The Queen (1998) 194 CLR 106 Horn v Butcher [2010] WASCA 67 M v The Queen (1994) 181 CLR 487 Martinez v the State of Western Australia [2007] WASCA 143 Mourish v The State of Western Australia [2006] WASCA 257 Re The State of Western Australia; Ex parte Worswick [2005] WASCA 187 Samuels v The State of Western Australia (2005) 30 WAR 473; [2005] WASCA 193 TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124

Last Updated: 29/08/2012

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : STRAHAN -v- TAYLOR [2012] WASC 307 CORAM : EM HEENAN J HEARD : 17 APRIL 2012 DELIVERED : 29 AUGUST 2012 FILE NO/S : SJA 1108 of 2011 BETWEEN : PATRICK JOHN STRAHAN

Appellant

AND

GREGORY SHANE TAYLOR

Respondent

ON APPEAL FROM:

For File No : SJA 1108 of 2011

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE K T FISHER

File No : BU 290 of 2011

Catchwords:

Application for leave to appeal against conviction and sentence - Assault occasioning bodily harm - Imprisonment for 20 months with eligibility for parole - Criminal Code s 317(1)

(Page 2)

Legislation:

Criminal Appeals Act 2004 (WA)
Criminal Code (WA)

Result:

Leave to appeal against conviction refused
Appeal dismissed
Leave to appeal against sentence granted
Appeal dismissed

Category: B

Representation:

Counsel:

Appellant : In person

Respondent : Mr M Seaman

Solicitors:

Appellant : In person

Respondent : Director of Public Prosecutions (WA)

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

Brown v The State of Western Australia [2010] WASCA 228
Dinsdale v The Queen (2000) 202 CLR 321
Gipp v The Queen (1998) 194 CLR 106
Horn v Butcher [2010] WASCA 67
M v The Queen (1994) 181 CLR 487
Martinez v the State of Western Australia [2007] WASCA 143
Mourish v The State of Western Australia [2006] WASCA 257
Re The State of Western Australia; Ex parte Worswick [2005] WASCA 187
Samuels v The State of Western Australia (2005) 30 WAR 473; [2005] WASCA 193
TKWJ v The Queen [2002] HCA…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Strahan v Taylor

Details

AGLC: Strahan v Taylor [2012] WASC 307
Case: [2012] WASC 307
Decision Date

CaseChat Overview and Summary

In this case, Patrick John Strahan was convicted of aggravated assault occasioning bodily harm against Rebecca Anne Kennerly in the Magistrates Court of Western Australia. The case was then appealed to the Supreme Court of Western Australia. The appellant contended that the conviction was unsafe and that the sentence imposed was manifestly excessive. The court heard the appeal on both the conviction and the sentence. The court found that the conviction was safe, as the magistrate had correctly assessed the credibility of the evidence presented. The court also found that the sentence was not manifestly excessive, as the magistrate had properly considered the circumstances of the case and the need for specific deterrence. Consequently, leave to appeal against conviction was refused, and the appeal against conviction was dismissed. However, leave to appeal against sentence was granted, but the appeal against sentence was also dismissed.

Orders