STEFAN JORDAN WRONSKI v ROBERT ALEXANDER RAUE
[2012] ACTSC 87 (16 May 2012)
APPEAL – Appeal from sentences imposed by Magistrate – backdating of sentences – whether pre-sentence custody should have been taken into account – whether same period of pre-sentence custody should be accounted for in two separate sentencing proceedings – totality principle – backdated sentences imposed in earlier sentencing proceedings should have been considered in later sentencing proceedings involving same period of pre-sentence custody – appeal upheld – appellant re-sentenced.
EX TEMPORE JUDGMENT
Crimes (Sentencing) Act 2005 (ACT), s 63
Crimes (Sentence Administration) Act 2005 (ACT)
Hawkins v Hawkins [2009] ACTSC 148
Mill v The Queen 166 CLR 59
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. SCA 116 of 2011
Judge: Penfold J
Supreme Court of the ACT
Date: 16 May 2012
IN THE SUPREME COURT OF THE )
) No. SCA 116 of 2011
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:STEFAN JORDAN WRONSKI
Appellant
AND:ROBERT ALEXANDER RAUE
Respondent
ORDER
Judge: Penfold J
Date: 16 May 2012
Place: Canberra
THE COURT ORDERS THAT:
- The appeal is upheld.
- The appellant is resentenced to terms of imprisonment as follows:
(a) for the breach of the protection order – six months imprisonment, backdated to 24 February 2012;
(b) for the burglary – four months imprisonment to be served concurrently with the first sentence;
(c) for the theft – one month’s imprisonment to be served concurrently with the first sentence;
(d) for the assault – one month’s imprisonment to be served concurrently with the first sentence.
- The outstanding sentences, being for the breach of the protection order and the burglary, are suspended with effect from 16 May 2012, subject to good behaviour orders:
(a) for 12 months with a single security of $500; and
(b) subject to conditions that the appellant accept the supervision of ACT Corrective Services and obey all reasonable directions of the Director-General or her delegate, and undertake such counselling, courses, programs or treatments as directed by his supervising officer.
Introduction
Stefan Wronski appealed against convictions and sentences in respect of four offences committed on 5 October 2010. By the time of the hearing of the appeal, he had abandoned his conviction appeal, and all grounds of his sentencing appeals except a ground to the effect that the sentencing Magistrate had erred in refusing to backdate his sentence to take account of time served.
Before considering whether there was an error of this kind, it is necessary to describe the offences involved and the sentencing proceedings concerned.
Background to the appeals
The sentences appealed against
The sentences appealed against arose out of an incident in which Mr Wronski entered the home of his former partner, the complainant, through a window, without her consent, after engaging in conversation with her through the window. Once he was in the house there was a scuffle with the complainant, and when he left the house he took…
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- AGLC
- Wronski v Raue [2012] ACTSC 87
- Case
- [2012] ACTSC 87
- Decision Date
CaseChat Overview and Summary
The court examined the legal principles underpinning the imposition of sentences, particularly focusing on the totality principle, which requires that the aggregate punishment for multiple offences should not exceed what is appropriate for the overall offending. The court determined that the backdated sentences imposed in the earlier proceedings should have been considered when imposing sentence in the later proceedings, to ensure that the same period of pre-sentence custody was not effectively counted twice. The court held that the magistrate had erred by not taking into account the backdated sentences in the later sentencing proceedings, thus breaching the totality principle.
As a result of this error, the appeal was upheld. The appellant was resentenced, with the court carefully considering the totality principle and ensuring that the same period of pre-sentence custody was not double-counted. The court then set new sentences for the appellant, which were proportionate to the overall offending, taking into account all relevant factors, including the period of pre-sentence custody.
The final orders of the court were that the appeal was upheld and the appellant was resentenced to terms of imprisonment that reflected the court's determination that the totality principle had been properly applied and that the same period of pre-sentence custody was not counted twice.
Orders
Orders of the court
1. The appeal is upheld.
2. The appellant is resentenced to terms of imprisonment as follows:
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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