Whitelaw v Quin

Case [2014] WASC 19


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   WHITELAW -v- QUIN [2014] WASC 19

CORAM:   CORBOY J

HEARD:   8 & 14 JANUARY 2014

DELIVERED          :   28 JANUARY 2014

FILE NO/S:   SJA 1094 of 2013

BETWEEN:   PAUL WHITELAW

Appellant

AND

TENNEILLE ELIZABETH QUIN
Respondent

Catchwords:

Criminal appeal - Appeal against sentence - Whether sentence manifestly excessive - Stealing a motor vehicle and reckless driving

Legislation:

Criminal Appeals Act 2004 (WA), s 9, s 14(2)

Result:

Leave to appeal granted
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     Mr L Fox (8 January 2014) & Ms A C Longden (14 January 2014)

Solicitors:

Appellant:     In person

Respondent:     Director of Public Prosecutions (WA)

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

Gillespie v The State of Western Australia [2013] WASCA 149

Able Lott Holdings Pty Ltd v City of Fremantle [2011] WASC 87

Boyd v The Queen [2002] WASCA 239

Brown v The State of Western Australia [2010] WASCA 228

Colbung v The Queen [1999] WASCA 138

Fullgrabe v The State of Western Australia [2006] WASCA 138

Hansen v Pikkert [2012] WASC 424

Hume v The Queen [2000] WASCA 306

Jardim v The State of Western Australia [2011] WASCA 83

Karolides v The State of Western Australia [2006] WASCA 240

Lowe v The Queen (1984) 154 CLR 606

McDougall v The State of Western Australia [2009] WASCA 232

Morcom v The State of Western Australia [2013] WASCA 31

Narrier v The State of Western Australia [2011] WASCA 193

Nicolaides v The State of Western Australia [2012] WASCA 199

Penny v The State of Western Australia [2006] WASCA 173

Plant v Harrington [2010] WASC 364

Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473

The State of Western Australia v Atherton [2009] WASCA 148

Trinh v The Queen [2013] WASCA 258

Trompler v The State of Western Australia [2008] WASCA 265

Vagh v The State of Western Australia [2007] WASCA 17

Wilson v The State of Western Australia [2010] WASC 82

CORBOY J: 

The proposed appeal

The offences and the sentences imposed

  1. The appellant was charged with nine offences by a prosecution notice dated 10 October 2012.  The offences were alleged to have been committed in September and October 2012. 

  2. The appellant pleaded guilty on 15 March 2013 to eight of the nine charges contained in the prosecution notice.  The remaining charge, to which he pleaded not guilty, was listed for trial on 9 May 2013.  The appellant changed his plea to that charge on the morning of the trial.  He was sentenced on that day.

  3. The charges to which the appellant pleaded guilty and the sentences that were imposed by the learned magistrate were as follows:

    (a)Charge 48633 – 'on 10 October 2012 at Bayswater, [the appellant] stole a motor vehicle, namely a Nissan coupe registered number RX14WA, valued at $5,000, the property of Alban Gerard Lewis and on the said date wilfully drove the said motor vehicle in a manner that constituted an offence,…

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AGLC
Whitelaw v Quin [2014] WASC 19
Case
[2014] WASC 19
Decision Date

CaseChat Overview and Summary

The appellant, Whitelaw, appealed against his sentence for stealing a motor vehicle and reckless driving. The sentence was imposed by the District Court of New South Wales. The appeal was heard by the Supreme Court of New South Wales. The respondent, Quin, was the victim of the offences and was represented by the Director of Public Prosecutions.

The central legal issue in this case was whether the sentence imposed by the District Court was manifestly excessive. The appellant argued that the sentence was disproportionate to the nature and circumstances of the offending. The respondent contended that the sentence was appropriate and reflected the seriousness of the offences.

The Supreme Court considered the principles governing sentencing and the circumstances of the offending. It examined the nature of the offences, the appellant's criminal history, and the principles of proportionality and deterrence. The court found that the sentence was not manifestly excessive. It held that the District Court had appropriately balanced the various sentencing considerations and imposed a sentence that was proportionate to the offending. The appeal was therefore dismissed.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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