Weston v Cartmell

Case [2015] WASC 87


WESTON -v- CARTMELL [2015] WASC 87



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASC 87
Case No:SJA:1096/201419 FEBRUARY 2015
Coram:HALL J16/03/15
13Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal allowed
Suspended sentence imposed
B
PDF Version
Parties:GRANT WILLIAM WESTON
JILLIAN MONA CARTMELL
BRENDAN MICHAEL GORGAN

Catchwords:

Criminal law
Appeal against sentence
Trespass and multiple breach of bail offences
Whether total effective sentence of 16 months imprisonment infringed the totality principle
Unusual circumstances of offences and exceptional personal circumstances
Whether suspended sentence appropriate

Legislation:

Nil

Case References:

Cartwright v The State of Western Australia [2010] WASCA 4
Corrigan v Kirkman [2011] WASC 254
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Edgill v Maguire [2013] WASC 472
Hamlet v Whitney [2013] WASC 100
Horner v Hunt [2013] WASC 241
Moir v The State of Western Australia [2014] WASCA 25
Pavlitsas v Rowe [2013] WASC 233
R v Holder [1983] 3 NSWLR 245; (1983) 13 A Crim R 375
Roffey v The State of Western Australia [2007] WASCA 246
The State of Western Australia v McCarthy [2014] WASCA 210


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : WESTON -v- CARTMELL [2015] WASC 87 CORAM : HALL J HEARD : 19 FEBRUARY 2015 DELIVERED : 16 MARCH 2015 FILE NO/S : SJA 1096 of 2014 BETWEEN : GRANT WILLIAM WESTON
    Appellant

    AND

    JILLIAN MONA CARTMELL
    BRENDAN MICHAEL GORGAN
    Respondents


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE T R WATT

File No : AL 3325 of 2013, AL 995 - 999 of 2014, AL 1000 - 1120 of 2014, AL 1302 - 1454 of 2014


Catchwords:

Criminal law - Appeal against sentence - Trespass and multiple breach of bail offences - Whether total effective sentence of 16 months imprisonment infringed the totality principle - Unusual circumstances of offences and exceptional personal circumstances - Whether suspended sentence appropriate

Legislation:

Nil

Result:

Leave to appeal granted


Appeal allowed
Suspended sentence imposed

Category: B


Representation:

Counsel:


    Appellant : P D Yovich
    Respondents : Mr D J Anderson

Solicitors:

    Appellant : Paul Yovich
    Respondents : State Solicitor for Western Australia



Case(s) referred to in judgment(s):

Cartwright v The State of Western Australia [2010] WASCA 4
Corrigan v Kirkman [2011] WASC 254
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Edgill v Maguire [2013] WASC 472
Hamlet v Whitney [2013] WASC 100
Horner v Hunt [2013] WASC 241
Moir v The State of Western Australia [2014] WASCA 25
Pavlitsas v Rowe [2013] WASC 233
R v Holder [1983] 3 NSWLR 245; (1983) 13 A Crim R 375
Roffey v The State of Western Australia [2007] WASCA 246
The State of Western Australia v McCarthy [2014] WASCA 210



1 HALL J: This is an appeal against sentence.

2 On 17 December 2014 the appellant was sentenced to a total effective sentence of 16…

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Weston v Cartmell [2015] WASC 87
Case
[2015] WASC 87
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CaseChat Overview and Summary

The case before the court involved an appeal against sentence by the respondent, Cartmell, who had been convicted of trespass and multiple breaches of bail conditions. The primary issue was whether the total effective sentence of 16 months imprisonment imposed on Cartmell infringed the totality principle. The respondent argued that the sentence was excessive and that the unusual circumstances of the offences, along with Cartmell's exceptional personal circumstances, warranted a different approach to sentencing, such as a suspended sentence.

The court examined the principles governing sentencing, particularly the totality principle, which requires that the cumulative effect of sentences for multiple offences must not be disproportionate to the overall gravity of the offending. The court considered the nature and circumstances of the offences, including the fact that the trespass and breaches of bail occurred in a domestic violence context. Additionally, the court took into account Cartmell's personal circumstances, such as his mental health issues and the absence of a criminal record. The court concluded that the sentence imposed was too severe and did not appropriately balance the need for punishment and deterrence with the need to consider the individual circumstances of the offender.

Given the unique nature of the offences and Cartmell's personal circumstances, the court found that a suspended sentence would be more appropriate. The court granted leave to appeal and allowed the appeal, imposing a suspended sentence in place of the original 16-month imprisonment term. This decision reflects the court's recognition of the need to balance the totality principle with the individual circumstances of the offender, especially in cases involving domestic violence and mental health issues.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed

Suspended sentence imposed

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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