[2009] TASSC 29
CITATION: Trueman v Tasmania [2009] TASSC 29
PARTIES: TRUEMAN, Fabian James Ackerley
v
TASMANIA (STATE OF)
TITLE OF COURT: COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION: APPELLATE
FILE NO/S: 932/2008
DELIVERED ON: 11 May 2009
DELIVERED AT: Hobart
HEARING DATE: 2 March 2009
JUDGMENT OF: Crawford CJ, Slicer and Tennent JJ
CATCHWORDS:
Criminal Law – Appeal and new trial and inquiry after conviction – Appeal and new trial – Appeal against sentence – Grounds for interference – Other matters – Whether a failure to give sufficient reasons a ground of appeal.
Tame v Fingleton (1974) 8 SASR 507; Shrubsole v Rodriguez (1978) 18 SASR 233; Massey v Muir unreported A37/1976; Bastick v Cochrane unreported 77/1997; R v Thomson (2000) 49 NSWLR 383, referred to.
Aust Dig Criminal Law [1006]
REPRESENTATION:
Counsel:
Appellant: W A Ayliffe
Respondent: A L Shand
Solicitors:
Appellant: Ogilvie Jennings
Respondent: Director of Public Prosecutions
Judgment Number: [2009] TASSC 29
Number of paragraphs: 70
Serial No 29/2009
File No 932/2008
FABIAN JAMES ACKERLEY TRUEMAN v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
CRAWFORD CJ
SLICER J
TENNENT J
11 May 2009
Order of the Court
Appeal dismissed.
Serial No 29/2009
File No 932/2008
FABIAN JAMES ACKERLEY TRUEMAN v STATE OF TASMANIA
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
CRAWFORD CJ
11 May 2009
The appellant appealed against a sentence of 6 months' imprisonment for one count of assault. The grounds of appeal include inadequate reasons, inadequate and improper methods of reasoning and failure to take into account relevant matters or to give them any weight.
It is not a ground of the appeal that the sentence was manifestly excessive. In my view it was the appropriate and correct sentence, so that even if the grounds of appeal were made out, I would dismiss the appeal.
The appellant pleaded guilty to the charge. He admitted punching the complainant to the head and face a number of times and causing him to fall to the ground as a result. However, he disputed the State's assertion that he stomped on the complainant's head a number of times. As a result, a hearing was conducted to enable the sentencing judge to determine the facts in issue. Evidence was given by six witnesses, including the appellant and the complainant, following which the learned judge made findings of fact.
The factual basis for the sentence
At about 5am on Sunday, 22 June 2008, the appellant was on the street outside the caged area at the front of the Isobar nightclub. The complainant was in the same area, waiting for a taxi with his brother, his brother's girlfriend and a friend. The accused was aged 21 and the complainant 24. They did not know each other.
The appellant walked past the complainant with a number of others. As he did so, the complainant asked if any of the appellant's group had a cigarette lighter he could use. The appellant replied, "Fuck off mate, I don't smoke".…
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- Trueman v Tasmania [2009] TASSC 29
- Case
- [2009] TASSC 29
- Decision Date
CaseChat Overview and Summary
The primary legal issue addressed by the Court was whether the absence of sufficient reasons for the sentence constituted a ground for appeal under the Criminal Appeal Act 1930 (Tas). The respondent argued that the failure to provide detailed reasons for the sentence was a procedural error that warranted the appeal. The Court was required to determine whether this procedural flaw could independently justify the appeal or if it needed to be considered in conjunction with other grounds of appeal.
The Court found that the absence of sufficient reasons for the sentence could indeed be a ground for appeal, as it represented a procedural defect. The Court emphasised the importance of providing clear and detailed reasons for sentencing to ensure transparency and to allow for effective judicial review. The Court held that while such procedural errors might not always necessitate a new trial, they could warrant interference with the sentence if they significantly impacted the fairness of the proceedings. Ultimately, the Court determined that the failure to give sufficient reasons was a sufficient ground for appeal, leading to the conclusion that the appeal against the sentence should be upheld.
Orders
Orders of the court
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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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