Ugle v The Queen

Case [2001] WASCA 268

UGLE -v- THE QUEEN [2001] WASCA 268



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 268
COURT OF CRIMINAL APPEAL
Case No:CCA:276/20007 AUGUST 2001
Coram:MALCOLM CJ
STEYTLER J
BURCHETT AUJ		31/08/01
21Judgment Part:1 of 1
Result: Application for leave to appeal granted
Appeal allowed
D
PDF Version
Parties:CHRISTOPHER RICKY UGLE
THE QUEEN

Catchwords:
Criminal law and procedure
Sentencing
Sentences of imprisonment for 3 years for assault causing bodily harm and 9 years for unlawful wounding with intent to cause grievous bodily harm
Complainant and applicant had been in de facto relationship with one child
Application for leave against total cumulative sentences of 12 years
First offence involved striking with fists
Second offence involved degree of premeditation and stabbing with knife with threats to kill
Need for personal and general deterrence in relation to domestic violence
Cumulative sentence excessive
Reduction to sentences of 1 year and 4 months for assault and 6 years for unlawful wounding with intent to cause grievous bodily harm
Total sentences of 7 years and 4 months would not offend totality principle

Legislation:
Criminal Code (WA) s 294(1), s 317(1)

Case References:
Australian Coal and Shale Employees' Federation v Commonwealth (1953) 94 CLR 621
Chan (1989) 38 A Crim R 337
Gallegos v R [1999] WASCA 191
House v The King (1936) 55 CLR 499
Jarvis v The Queen (1998) 20 WAR 201
Langridge v The Queen (1996) 17 WAR 346
Lowndes v The Queen (1999) 195 CLR 665
Lowndes v The Queen [1999] HCA 29; (1999) 73 ALJR 1007
McCormack v The Queen [2000] WASCA 139
McKenna v The Queen (1992) 7 WAR 455
Mill v The Queen (1988) 166 CLR 59
Pearce v The Queen (1998) 72 ALJR 1416
R v Aloia [1983] WAR 133
Wicks v The Queen [1989] 3 WAR 372
Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : UGLE -v- THE QUEEN [2001] WASCA 268 CORAM : MALCOLM CJ
    STEYTLER J
    BURCHETT AUJ
HEARD : 7 AUGUST 2001 DELIVERED : 31 AUGUST 2001 FILE NO/S : CCA 276 of 2000 BETWEEN : CHRISTOPHER RICKY UGLE
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Sentencing - Sentences of imprisonment for 3 years for assault causing bodily harm and 9 years for unlawful wounding with intent to cause grievous bodily harm - Complainant and applicant had been in de facto relationship with one child - Application for leave against total cumulative sentences of 12 years - First offence involved striking with fists - Second offence involved degree of premeditation and stabbing with knife with threats to kill - Need for personal and general deterrence in relation to domestic violence - Cumulative sentence excessive - Reduction to sentences of 1 year and 4 months for assault and 6 years for unlawful wounding with intent to cause grievous bodily harm - Total sentences of 7 years and…

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Details
AGLC
Ugle v The Queen [2001] WASCA 268
Case
[2001] WASCA 268
Decision Date

CaseChat Overview and Summary

In the case of Ugle v The Queen, the appellant was sentenced to a total of twelve years in prison, comprising three years for assault causing bodily harm and nine years for unlawful wounding with intent to cause grievous bodily harm. The complainant and the appellant were in a de facto relationship and had one child together. The appellant applied for leave to appeal against the cumulative sentences, arguing that they were excessive. The legal issues before the court were whether the sentences were appropriate in the circumstances and whether the totality principle had been violated.

The court considered the nature and circumstances of the offences, including the degree of premeditation and the use of a knife in the second offence, which involved threats to kill. The court also weighed the need for personal and general deterrence in relation to domestic violence. The court found that while the sentences for each offence were within the appropriate range, the cumulative sentence was excessive. The court recognised the need for personal and general deterrence in domestic violence cases but also emphasised the importance of proportionality and the need to avoid double counting when considering cumulative sentences. The court reduced the sentences to one year and four months for the assault causing bodily harm and six years for the unlawful wounding with intent to cause grievous bodily harm. The court concluded that the reduced sentences of seven years and four months did not offend the totality principle.

The court granted the appellant's application for leave to appeal and allowed the appeal. The sentences were reduced to one year and four months for the assault causing bodily harm and six years for the unlawful wounding with intent to cause grievous bodily harm. The total sentence of seven years and four months was considered appropriate and did not offend the totality principle.

Orders

Orders of the court

Application for leave to appeal granted

Appeal allowed

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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