Sturniolo v The State of Western Australia

Case

[2023] WASCA 147


Details
AGLC Case Decision Date
Sturniolo v The State of Western Australia [2023] WASCA 147 [2023] WASCA 147

CaseChat Overview and Summary

The appellant, Alaine Dawn Sturniolo, appeals her conviction of murdering her grandmother, May Dawn Baldwin, and the sentence imposed by the trial judge. The appeal against conviction contends that the jury's verdict was unreasonable, there was a miscarriage of justice due to new evidence, and the trial judge's directions to the jury were erroneous. The appeal against sentence contends that the minimum term of 20 years is manifestly excessive. The Court of Appeal found that the evidence at trial was sufficient to support the jury's verdict of guilt, the new evidence did not demonstrate a miscarriage of justice, and the trial judge's directions did not give rise to a miscarriage of justice. The Court also found that the minimum term imposed was not manifestly excessive. The appeal against conviction was dismissed, while the appeal against sentence was dismissed but leave to appeal was granted.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Causation

  • Breach of Trust

  • Murder

  • Premeditation

  • Sentencing

  • Aggravating Factors

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Cases Citing This Decision

132

Namarnyilk v The Queen [2013] NTCCA 17
Gassy v The King [2023] SASCA 90
Cases Cited

21

Statutory Material Cited

0

R v Baden-Clay [2016] HCA 35
Quartermaine v The Queen [1980] HCA 29