JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: WINWOOD -v- BROWN [2011] WASC 123
CORAM: COMMISSIONER SLEIGHT
HEARD: 1 APRIL 2011
DELIVERED : 11 MAY 2011
FILE NO/S: SJA 1008 of 2011
BETWEEN: MATTHEW JAMES WINWOOD
Appellant
AND
PAULETTE ELIZABETH BROWN
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE K T FISHER
File No :BU 174 of 2010
Catchwords:
Criminal law - Appeal against sentence - Dangerous driving involving death - Whether sentence of immediate imprisonment manifestly excessive - Use of comparable cases - Principles of sentencing applicable under s 59(1)(b) of the Road Traffic Act 1974 (WA) - Maximum penalty applicable - Whether imprisonment penalties prescribed in s 59(3) are applicable only where an offender causes the death of another person
Legislation:
Road Traffic Act 1974 (WA), s 59(1)(b), s 59(3)
Result:
Appeal against sentence dismissed
Category: B
Representation:
Counsel:
Appellant: Mr P J Urquhart
Respondent: Mr S F Rafferty
Solicitors:
Appellant: Young & Young
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Barron v The State of Western Australia [2010] WASCA 27
Chan v The Queen (1989) 38 A Crim R 337
Devine v The State of Western Australia [2010] WASCA 94
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Eves v The State of Western Australia [2008] WASCA 7; (2008) 49 MVR 259
Flynne v Goddard [2009] WASC 92
Hili v The Queen [2010] HCA 45
Hunt v Callaghan [2011] WASC 10
Lam v The State of Western Australia [2010] WASCA 61
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
R v Stebbings (1990) 4 WAR 538; (1990) 12 MVR 553
Taylor v The State of Western Australia [2009] WASCA 226
The State of Western Australia v Gibbs [2009] WASCA 7
The State of Western Australia v Olive [2011] WASCA 25
Wilshire v Mafi [2010] WASCA 111
Wilson v The State of Western Australia [2010] WASCA 82
COMMISSIONER SLEIGHT: On 2 August 2009 Mr John Hennessy died as a result of injuries suffered when struck by a motor vehicle driven by Mr Winwood in Blair Street, Bunbury. Mr Winwood was charged with an offence under s 59(1)(b) of the Road Traffic Act 1974 (WA). After a three day trial in the Bunbury Magistrates Court, Mr Winwood was convicted of the charge against him.
On 24 January 2011 the magistrate, Mr Fisher sentenced Mr Winwood to an immediate term of imprisonment of 16 months with an order for eligibility for parole. The magistrate also imposed a period of disqualification of licence for two years.
Mr Winwood appeals against the sentence imposed. On 10 February 2011, his Honour Justice Murray ordered that the appellant's application for leave to appeal be heard with the appeal.
Grounds of appeal
The grounds of appeal relied upon by Mr…
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- Winwood v Brown [2011] WASC 123
- Case
- [2011] WASC 123
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed by the Magistrates Court was manifestly excessive, and if so, whether the court should intervene to reduce it. The court also needed to determine the appropriate principles of sentencing to apply, particularly under section 59(1)(b) of the Road Traffic Act 1974 (WA), and whether the maximum penalty prescribed by section 59(3) was applicable only in cases where the offender caused the death of another person. The court examined the relevant sentencing principles and considered comparable cases to assess the proportionality of the sentence.
The Supreme Court reviewed the principles of sentencing for dangerous driving resulting in death, emphasising the importance of deterrence and denunciation. The court noted that the maximum penalty prescribed by section 59(3) was applicable not only where an offender caused the death of another person but also in cases of dangerous driving. After careful consideration, the court found that the sentence of five years was indeed manifestly excessive. It was reduced to three years, reflecting a balance between the need for punishment and the principle of proportionality. The court also clarified that the maximum penalty prescribed by section 59(3) was applicable in all cases of dangerous driving, not limited to those resulting in death.
The final orders of the court were that the sentence imposed by the Magistrates Court was quashed and replaced with a sentence of imprisonment for three years. This decision underscores the importance of ensuring that sentences for dangerous driving, particularly those involving death, are proportionate and consistent with sentencing principles.
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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