JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: WOODHOUSE -v- LESLIE [2023] WASC 11
CORAM: SOLOMON J
HEARD: 30 NOVEMBER 2022
DELIVERED : 23 JANUARY 2023
PUBLISHED : 24 JANUARY 2023
FILE NO/S: SJA 1056 of 2022
BETWEEN: CLAYTON STEVEN WOODHOUSE
Appellant
AND
NATHAN JOHN LESLIE
Respondent
ON APPEAL FROM:
For File No: SJA 1056 of 2022
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: CHIEF MAGISTRATE HEATH
File Number : PE 41484 of 2021
Catchwords:
Criminal law - Appeal against sentence - Appellant convicted of fraud - Appellant sentenced to a term of immediate imprisonment - Where prosecution agreed that an Intensive Supervision Order was appropriate - Whether sentence manifestly excessive - Whether magistrate ought to have suspended term of imprisonment - Dinsdale v The Queen - Whether magistrate engaged in two step sentencing process
Criminal law - Miscarriage of justice - Where fresh evidence available after trial - Where fresh evidence impacts upon appellant's motivation - Whether strong probability that fresh evidence would have produced a different outcome at first instance
Legislation:
Criminal Appeals Act 2004 (WA) s 8(1), s 9(1), s 14(5), s 31(4), s 39, s 40(1)(e)
Criminal Code 1913 (WA) s 409(1)(c)
Sentencing Act 1995 (WA) Pt 10, s 9AA(5), s 76, s 6(2), s 84A
Result:
Leave to appeal granted
Appeal allowed
Sentence of 12 months' immediate imprisonment set aside
Appellant re-sentenced to 11 months 21 days' imprisonment, conditionally suspended for 12 months
Category: B
Representation:
Counsel:
| Appellant | : | D Grace KC |
| Respondent | : | J Whalley SC |
Solicitors:
| Appellant | : | David Manera Barrister and Solicitor |
| Respondent | : | State Director of Public Prosecutions |
Cases referred to in decision:
Alonte v Beswick [2013] WASCA 207
Brown v The State of Western Australia [2010] WASCA 228
Colwell v The State of Western Australia [No 2] [2012] WASCA 196
Dinsdale v The Queen (2000) 202 CLR 321
Fogg v Western Australia [2011] WASCA 11
Franco v Director of Public Prosecutions [2022] WASC 340
Gray‑Herewini v Lee [2013] WASC 200
Houghton v The State of Western Australia [No 2] [2022] WASCA 7
Kabambi v The State of Western Australia [2019] WASCA 44
Ninyette v Jones [2018] WASC 317; (2018) 68 MVR 186
O'Brien v Narang [2018] WASC 376
Roberts v The State of Western Australia [2014] WASCA 239
Rubin v Western Australia [2016] WASCA 2; (2016) 75 MVR 274
Samuels v Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Shi v The State of Western Australia [2020] WASCA 197
Stanley v The State of Western Australia [2018] WASCA 229
Wheeler v R [No 2] [2010] WASCA 105
Wilson v Pymm [2015] WASC 449; (2015) 73 MVR 464
SOLOMON J:
Background
On 22 March 2022 the appellant pleaded guilty to one count of gaining a pecuniary benefit by fraud contrary to s 409(1)(c) of the Criminal Code 1913 (WA) encompassing 27 instances of offending in the total sum of $25,888.94.
In advance of sentencing…
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- AGLC
- Woodhouse v Leslie [2023] WASC 11
- Case
- [2023] WASC 11
- Decision Date
CaseChat Overview and Summary
Solomon J found that while the sentence was within the range of available sentences, the magistrate's reasoning could have been more comprehensive. However, the court concluded that the magistrate had engaged in the two-step sentencing process as required by law. The court also found that the fresh evidence, which revealed the appellant's motive for offending was driven by drug debts and undiagnosed ADHD, rather than greed, constituted a miscarriage of justice. In light of the fresh evidence and other mitigating factors, Solomon J resentenced the appellant to 11 months and 21 days' imprisonment, conditionally suspended for 12 months, with a programme requirement under s 84A of the Sentencing Act to address the appellant's substance misuse and any outstanding treatment needs.
The final orders of the court were that leave to appeal was granted, the appeal was allowed, the sentence of 12 months' immediate imprisonment was set aside, and the appellant was re-sentenced to 11 months and 21 days' imprisonment, conditionally suspended for 12 months, with a programme requirement under s 84A of the Sentencing Act.
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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