PATRICK TATE v THE QUEEN
[2012] ACTCA 50 (12 December 2012)
APPEAL – Appeal against sentence – Specific error – Mistake of fact – Prospects for rehabilitation – No mistake of fact – Appeal ground dismissed.
APPEAL – Appeal against sentence – Manifest excess – Offence of burglary – Range of appropriate sentences – Instinctive synthesis – Sentence within range – Appeal ground dismissed.
(ACT), pt 4.2
Criminal Code 2002
(ACT), ss 311, 308
Aldridge v The Queen [2012] ACTCA 17
Dinsdale v The Queen (2000) 202 CLR 321
EG v The Queen [2012] ACTCA 17
Fusimalohi v The Queen [2012] ACTCA 49
Griffiths v The Queen (1977) 137 CLR 293
Hanania v The Queen [2012] NSWCCA 220
Hili v The Queen (2010) 242 CLR 520
House v The King (1936) 55 CLR 499
Kien v The Queen [2012] ACTCA 25
Kovacevic v Mills (2000) 76 SASR 404
Love v The Queen [2012] ACTCA 8
Lowe v The Queen (1984) 154 CLR 606
Lowndes v The Queen (1999) 195 CLR 665
Markarian v The Queen (2006) 228 CLR 357
Morris v East (1988) 83 ACTR 1
R v Abbott (2007) 170 A Crim R 306
R v Allinson (1987) 49 NTR 38
R v Eisenach [2011] ACTCA 2
R v Kelly (1993) 30 NSWLR 64
R v O’Donoghue (1988) 34 A Crim R 397
R v Thorn [2010] ACTCA 10
R v TW (2011) 6 ACTLR 18
R v Visconti [1982] 2 NSWLR 104
Richards v The Queen [2012] ACTCA 10
RR v The Queen [2011] NSWCCA 235
Scognamiglio v R (1991) 56 A Crim R 81
Taylor v R (1978) 22 ALR 599
Wickey v McVicar [2012] ACTCA 38
Wong v The Queen (2001) 207 CLR 584
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. ACTCA 23 – 2011
No. SCC 16 of 2011
Judges: Refshauge, Burns and Lander JJ
Court of Appeal of the Australian Capital Territory
Date: 12 December 2012
IN THE SUPREME COURT OF THE ) No. ACTCA 23 – 2011
) No. SCC 16 of 2011
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: PATRICK TATE
Appellant
AND:THE QUEEN
Respondent
ORDER
Judges: Refshauge, Burns and Lander JJ
Date: 12 December 2012
Place: Canberra
THE COURT ORDERS THAT:
The appeal is dismissed and the sentences imposed by Nield AJ are confirmed.
IN THE SUPREME COURT OF THE ) No. ACTCA 23 – 2011
) No. SCC 16 of 2011
AUSTRALIAN CAPITAL TERRITORY )
)
COURT OF APPEAL )
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: PATRICK TATE
Appellant
AND: THE QUEEN
Respondent
Judges: Refshauge, Burns and Lander JJ
Date: 12 December 2012
Place: Canberra
REASONS FOR JUDGMENT
REFSHAUGE J:
In September and October 2009, the…
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- AGLC
- Tate v The Queen [2012] ACTCA 50
- Case
- [2012] ACTCA 50
- Decision Date
CaseChat Overview and Summary
The Court was required to determine two grounds of appeal against sentence. Firstly, whether there was a specific error in the sentencing judge's assessment of the appellant's prospects for rehabilitation, amounting to a mistake of fact. Secondly, whether the sentence imposed was one of manifest excess, considering the nature of the offence of burglary and the appropriate range of sentences.
Regarding the first ground, the Court found no mistake of fact in the sentencing judge's assessment of the appellant's prospects for rehabilitation. The Court then considered the second ground, assessing whether the sentence was manifestly excessive. Applying the principle of "instinctive synthesis," which involves an overall assessment of the relevant factors, the Court concluded that the sentence imposed by Nield AJ fell within the appropriate range for the offence of burglary.
Consequently, the Court dismissed the appeal and confirmed the sentences imposed by Nield AJ.
Orders
Orders of the court
1. The appeal is dismissed and the sentences imposed by Nield AJ are confirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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