Woodhart v The Queen

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SUPREME COURT OF SOUTH AUSTRALIA

(Court of Appeal: Criminal)

WOODHART v THE QUEEN

[2022] SASCA 9

Judgment of the Court of Appeal  

(The Honourable President Livesey, the Honourable Justice Doyle and the Honourable Justice Bleby)

24 February 2022

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE

CRIMINAL LAW - SENTENCE - SENTENCING PROCEDURE - CONCURRENT, CUMULATIVE AND ADDITIONAL SENTENCES - SENTENCES ON TWO OR MORE COUNTS

APPEAL AND NEW TRIAL - PROCEDURE - SOUTH AUSTRALIA - EXTENSION OF TIME FOR APPEAL

The applicant and his co-accused were found guilty following a trial by jury of one count of aggravated causing serious harm with intent to cause serious harm, contrary to s 23(1)(b) of the Criminal Law Consolidation Act 1935 (SA) (the CLCA) and one count of aggravated causing harm with intent to cause harm, contrary to s 24(1)(b) of the CLCA. The offending involved two victims.

On 23 January 2017 the applicant was sentenced by a Judge of the District Court to 14 years imprisonment.  After allowance for time spent in custody and on home detention bail, the sentence was reduced to 13 years and eight months, with a non-parole period of eight years and eight months.

The applicant sought permission to appeal on the sole ground that the sentence was manifestly excessive.  The applicant contended that the starting points identified by the sentencing Judge were manifestly excessive, and that the sentences for counts 1 and 2 should have been wholly concurrent as they arose out of the same set of circumstances.  The applicant required an extension of time to appeal of approximately five years.

Held, (the Court) refusing permission to appeal:

1.It is not reasonably arguable that the sentencing Judge erred in declining to order complete concurrency.

2.      It is not reasonably arguable that the sentence was manifestly excessive.

3.As the application for permission to appeal is without merit, it is unnecessary to rule on the extension of time.

4.      The application for permission to appeal is refused.

Criminal Law Consolidation Act 1935 (SA) ss 23, 24; Criminal Law (Sentencing) Act 1988 (SA) s 18A, referred to.
Gikas v Police (1999) 202 LSJS 301; R v Fyfe [2004] SASC 391, considered.

WOODHART v THE QUEEN
[2022] SASCA 9

Court of Appeal – Criminal:  Livesey P, Doyle and Bleby JJA

  1. THE COURT:  This is an application for permission to appeal against sentence.

  2. The applicant requires an extension of time of approximately five years.

  3. In 2017, following a trial by jury, the applicant was convicted and sentenced for:

    ·one count of aggravated causing serious harm with intent to cause serious harm, contrary to s 23(1)(b) of the Criminal Law Consolidation Act 1935 (SA) (CLCA); and

    ·one count of aggravated causing harm with intent to cause harm, contrary to s 24(1)(b) of the CLCA.

  4. The maximum penalties for these offences were, respectively, imprisonment for 25 years and…

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Details
Case
[2022] SASCA 9
Decision Date

CaseChat Overview and Summary

The applicant, Woodhart, appealed to the Full Court of the Supreme Court of South Australia against a sentence imposed by the District Court. Woodhart and a co-accused were convicted by a jury of aggravated causing serious harm with intent to cause serious harm and aggravated causing harm with intent to cause harm, both offences under the *Criminal Law Consolidation Act 1935* (SA), involving two victims. The sentencing judge imposed a head sentence of 14 years imprisonment, reduced to 13 years and eight months after accounting for time already served, with a non-parole period of eight years and eight months.

The central legal issues before the Full Court were whether the sentencing judge erred in principle by setting a manifestly excessive starting point for the sentence, and whether the sentences for the two counts should have been ordered to run concurrently, given they arose from the same incident. The applicant also sought an extension of time to bring his appeal, which was significantly out of time.

The Full Court reasoned that it was not reasonably arguable that the sentencing judge had erred in declining to order the sentences to be served concurrently, nor was it reasonably arguable that the overall sentence was manifestly excessive. Consequently, as the application for permission to appeal lacked merit, the Court found it unnecessary to determine the application for an extension of time. The application for permission to appeal was therefore refused.

Orders

Orders of the court

Held, (the Court) refusing permission to appeal:

1. It is not reasonably arguable that the sentencing Judge erred in declining to order complete concurrency.

2. It is not reasonably arguable that the sentence was manifestly excessive.

3. As the application for permission to appeal is without merit, it is unnecessary to rule on the extension of time.

4. The application for permission to appeal is refused.

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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