ZL v Corey

Case [2020] ACTSC 143


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

ZL v Corey

Citation:

[2020] ACTSC 143

Hearing Date(s):

30 January 2020

DecisionDate:

3 June 2020

Before:

Loukas-Karlsson J

Decision:

See [132]

Catchwords:

APPEAL AND NEW TRIAL – APPEAL – Appeal from Magistrates Court – appeal against sentence – whether sentence manifestly excessive – whether further evidence should be admitted – whether Magistrate considered alternatives to imprisonment – whether s 17 disposition appropriate – re-sentence

Legislation Cited:

Children and Young People Act 2008 (ACT) s 345

Crimes (Sentence Administration) Act 2005 (ACT) s 86

Crimes (Sentencing) Act 2005 (ACT) ss 7, 10 and 17

Crimes Act 1900 (ACT) s 24

Magistrates Court Act 1930 (ACT) ss 207, 208 and 214

Crimes (Sentencing Procedure) Act 1999 (NSW) s 10

Cases Cited:

Balthazaar v The Queen [2012] ACTCA 26

Barac v Thexton [2008] ACTSC 137

Barbaro v The Queen [2014] HCA 2; 253 CLR 58

Bethke v Phelan [2016] ACTSC 328

Betts v The Queen [2016] HCA 25; 258 CLR 420

Bifel v The Queen [2013] VSCA 82

Bond v McFarlane (1990) 102 FLR 38

Brisciani v Piscioneri (No 4) [2016] ACTCA 32

Bugmy v The Queen [2013] HCA 37; 249 CLR 571

Campbell v Fortey (1986) 24 A Crim R 386

Carroll v The Queen [2009] HCA 13; 254 CLR 259

Cobiac v Liddy (1969) 119 CLR 257

Cooper v Corvisy (No 2) [2010] ACTSC 166; 5 ACTLR 151

Dalton v The Queen [2015] ACTCA 48

Dinsdale v The Queen [2000] HCA 54; 202 CLR 321

DPP (Vic) v Dalgliesh (a pseudonym) [2017] HCA 41; 262 CLR 428

Drought v Driesen [2009] ACTSC 46

Gallagher v The Queen (1986) 160 CLR 392

Grooms v Toohey [2012] ACTSC 28; 7 ACTLR 1

Hili v The Queen [2010] HCA 45; 242 CLR 520

House v The King (1936) 55 CLR 499

IT v Knight [2020] ACTSC 101

Lowndes v The Queen [1999] HCA 29;195 CLR 665

Lukatela v Apostoloff [2010] ACTSC 74

Markarian v The Queen [2005] HCA 25; 228 CLR 357

Meissner v The Queen (1995) 184 CLR 132

Melham v The Queen [2011] NSWCCA 121

Munda v Western Australia [2013] HCA 38; 249 CLR 600

Nelson v Quinn [2001] WASCA 297

O’Brien v Noble [2012] ACTCA 13; 6 ACTLR 132

Pettitt v Dunkley (1971) 1 NSWLR 376

Proud v Sladic [2014] ACTCA 26

Purcell v O’Reilly [2018] ACTSC 60

R v Abbott [2007] VSCA 32; 170 A Crim R 306

R v Curtis [2013] ACTSC 291

R v CV [2013] ACTCA 22; 233 A Crim R 67

R v Kilic [2016] HCA 48; 259 CLR 256

R v Lattouf (Unreported, NSW Court of Criminal Appeal, Mahoney ACJ, Sully J and Adams AJ, 12 December 1996)

R v Mauger [2012] NSWCCA 51

R v Terry [1995] VLR 114

R v Toumo’ua [2017] ACTCA 9; 12 ACTLR 103 at [24]

R v Wagle (No 2)

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AGLC
ZL v Corey [2020] ACTSC 143
Case
[2020] ACTSC 143
Decision Date

CaseChat Overview and Summary

The case of ZL v Corey is an appeal against a sentence imposed by the Magistrates Court of Victoria. The appellant, ZL, was convicted of assault occasioning actual bodily harm and was sentenced to imprisonment. The appeal focuses on the contention that the sentence was manifestly excessive and that the Magistrate failed to adequately consider alternatives to imprisonment. Further, it was argued that the Magistrate should have admitted additional evidence and that the disposition under section 17 of the Sentencing Act 1991 (Vic) was not appropriate.

The primary legal issues in this appeal revolve around the severity of the sentence, the consideration of non-custodial alternatives, and the admissibility of new evidence. The appellant argued that the sentence imposed was disproportionate to the offence and that the Magistrate did not adequately weigh the mitigating factors and alternatives to imprisonment. The appellant also sought the admission of further evidence to support their case, which was denied by the Magistrate.

The Court of Appeal considered these issues in detail. The Court noted that while the sentence imposed was at the higher end of the scale, it was not so excessive as to be manifestly disproportionate. The Court also examined whether the Magistrate had failed to consider non-custodial alternatives and found that the Magistrate had indeed considered these but found them inappropriate in this case. Regarding the new evidence, the Court concluded that its admission would not have led to a different outcome. The Court ultimately found that the sentence was not manifestly excessive and that the Magistrate had appropriately exercised their discretion.

In light of these findings, the Court of Appeal dismissed the appeal and upheld the sentence. However, recognising the importance of the s 17 disposition, the Court ordered a re-sentencing to ensure that the appropriate considerations were given to the disposition.

Orders

Orders of the court

See [132]

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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