[2017] TASSC 51
COURT: SUPREME COURT OF TASMANIA
CITATION: Sutcliffe v Brown [2017] TASSC 51
PARTIES: SUTCLIFFE, Callan Giuseppe
v
BROWN, Jessica
FILE NO: 1754/2017
DELIVERED ON: 5 September 2017
DELIVERED AT: Hobart
HEARING DATES: 4 September 2017
JUDGMENT OF: Blow CJ
CATCHWORDS:
Magistrates – Appeal and review – Tasmania – Motion to review – Other matters – Sentencing – Sentence manifestly excessive or inadequate – Driving with blood alcohol content exceeding .05, injury to property, and other offences – Deliberate collisions with partner's car – Time in custody on related matters overlooked – Sentence of four months' imprisonment with three months suspended manifestly excessive.
Geale v Tasmania [2009] TASSC 28, 18 Tas R 338, referred to.
Aust Dig Magistrates [1349]
REPRESENTATION:
Counsel:
Applicant: F Cangelosi
Respondent: M Figg
Solicitors:
Applicant: Simmons Wolfhagen
Respondent: Director of Public Prosecutions
Judgment Number: [2017] TASSC 51
Number of paragraphs: 19
Serial No 51/2017
File No 1754/2017
CALLAN GIUSEPPE SUTCLIFFE v JESSICA BROWN
REASONS FOR JUDGMENT BLOW CJ
(DELIVERED ORALLY) 5 September 2017
This is a motion to review a sentencing order made by a magistrate, Mr S Mollard. The order in question relates to five charges that arose out of a single incident on the night of 7 December 2016. On that night the applicant deliberately drove a car into the back of his partner's car twice on a public road. In relation to those five charges the learned magistrate convicted him and sentenced him to four months' imprisonment, with three months thereof suspended on condition that he be of good behaviour for two years. The learned magistrate also disqualified the applicant from driving for 18 months as from that day, in addition to a disqualification that had been imposed by a notice served by a police officer. The effect of the partly suspended sentence was that it was a condition of the suspended sentence that the applicant was not to commit any offence punishable by imprisonment for a period of two years after the day of sentencing. It is only the partly suspended sentence that is challenged in these proceedings. None of the other orders are challenged.
The principal grounds upon which the applicant relies are that the learned magistrate gave inadequate reasons for not suspending the whole sentence, and that the sentence was manifestly excessive. He does not contend that the head sentence of four months' imprisonment was manifestly excessive. He contends that the sentence is manifestly excessive as a result of it not having been wholly suspended.
The five charges that were the subject of the sentence were as follows:
· A charge of exceeding .05. (The applicant's blood alcohol content was measured at 0.127.)
· A charge of driving while his licence was suspended. (It appears to have been a provisional licence that was suspended as a result of an accumulation of demerit points.)
· Driving without due care and attention.
· Failing to stop after involvement in a crash.
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CaseChat Overview and Summary
The court assessed the severity of the offences and the appropriate sentence. It noted that Brown had a history of similar behaviour and had already spent time in custody for related matters, which had not been taken into account in the original sentencing. The court found that the sentence of four months' imprisonment, with three months suspended, was manifestly excessive, considering the nature of the offences and the mitigating factors such as the time already served by Brown. The court concluded that the sentence imposed did not appropriately balance the need for punishment and deterrence with the circumstances of the case.
Consequently, the court ordered a review of the sentence. It determined that the original sentence was manifestly excessive and did not reflect a fair and just outcome. The court did not specify a new sentence but directed that the matter be re-considered by the original sentencing court with the appropriate weight given to all relevant factors, including the time already served by Brown. The review highlighted the importance of proportionality and consideration of all relevant circumstances in sentencing decisions.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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