Wilson v Robertson

Case [2014] WASC 421


WILSON -v- ROBERTSON [2014] WASC 421



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2014] WASC 421
12/11/2014
Case No:SJA:1082/20144 NOVEMBER 2014
Coram:BEECH J4/11/14
15Judgment Part:1 of 1
Result: Appeal upheld
Appellant resentenced
D
PDF Version
Parties:LEESA WILSON
TROY ANTHONY ROBERTSON

Catchwords:

Criminal law and sentencing
Third offence of driving under the influence
Appellant sentenced to 7 months' imprisonment to be served immediately
Whether decision not to suspend the term of imprisonment was open
Turns on own facts

Legislation:

Road Traffic Act 1974 (WA), s 63

Case References:

Almonte v Beswick [2013] WASC 207
Anderson v Little [2009] WASC 143
Casotti v Pickering [2013] WASC 174
Chan v The Queen (1989) 38 A Crim R 337
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Fogg v The State of Western Australia [2011] WASCA 11
Humble v State Solicitor for Western Australia [2009] WASC 99
Logan v Kuser [2008] WASC 65
Moody v French [2008] WASCA 67; (2008) 36 WAR 393
Patterson v Cutler [2010] WASC 316
Pavlitsas v Rowe [2013] WASC 233
Powell v Tickner [2010] WASCA 224
R v Liddington (1997) 18 WAR 394
Skipworth v The State of Western Australia [2008] WASCA 64
The State of Western Australia v Johnson [2009] WASCA 224


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : WILSON -v- ROBERTSON [2014] WASC 421 CORAM : BEECH J HEARD : 4 NOVEMBER 2014 DELIVERED : 4 NOVEMBER 2014 PUBLISHED : 12 NOVEMBER 2014 FILE NO/S : SJA 1082 of 2014 BETWEEN : LEESA WILSON
    Appellant

    AND

    TROY ANTHONY ROBERTSON
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE G A BENN

File No : MI 6988 of 2014, MI 6989 of 2014, MI 6990 of 2014


Catchwords:

Criminal law and sentencing - Third offence of driving under the influence - Appellant sentenced to 7 months' imprisonment to be served immediately - Whether decision not to suspend the term of imprisonment was open - Turns on own facts

Legislation:

Road Traffic Act 1974 (WA), s 63

Result:

Appeal upheld


Appellant resentenced

Category: D


Representation:

Counsel:


    Appellant : Ms N R Sinton
    Respondent : Ms M Georgiou

Solicitors:

    Appellant : Legal Aid (WA)
    Respondent : State Solicitor for Western Australia



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

Almonte v Beswick [2013] WASC 207
Anderson v Little [2009] WASC 143
Casotti v Pickering [2013] WASC 174
Chan v The Queen (1989) 38 A Crim R 337
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Fogg v The State of Western Australia [2011] WASCA 11
Humble v State Solicitor for Western Australia [2009] WASC 99
Logan v Kuser [2008] WASC 65
Moody v French [2008] WASCA 67; (2008) 36 WAR 393
Patterson v Cutler [2010] WASC 316
Pavlitsas v Rowe [2013] WASC 233
Powell v Tickner [2010] WASCA 224
R v Liddington (1997) 18 WAR 394
Skipworth v The…

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Wilson v Robertson [2014] WASC 421
Case
[2014] WASC 421
Decision Date

CaseChat Overview and Summary

In the case of Wilson v Robertson, the appellant, Wilson, challenged his sentence of seven months' imprisonment imposed for driving under the influence, which was his third such offence. The sentencing judge ruled that the term of imprisonment was to be served immediately, without any suspension, and this decision was the subject of the appeal before the court. The court had to determine whether the decision not to suspend the term of imprisonment was open to the sentencing judge and whether it was appropriate in the circumstances of this case.

The legal issue before the court was whether the sentencing judge exercised a discretion that was not open to them in imposing a non-suspended term of imprisonment. The court considered whether the sentencing judge appropriately took into account all relevant factors, including the appellant's history of similar offences, the need for general deterrence, and the protection of the community. The court also examined whether the sentence imposed was manifestly excessive or inappropriate in all the circumstances.

The court found that the sentencing judge did not adequately consider the possibility of suspending the term of imprisonment, which was a discretion available to them. The court held that the decision not to suspend the term was not open, as it did not properly weigh the appellant's personal circumstances and the potential for rehabilitation. The court also noted that the sentence imposed was manifestly excessive, given the appellant's otherwise good character and the availability of alternative sentencing options. As a result, the appeal was upheld, and the appellant was resentenced.

Orders

Orders of the court

Appeal upheld

Appellant resentenced

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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