Teede v Wright

[1999] WASCA 121

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Sufficiency of evidence
5. › Credibility of witnesses
6. › Whether Magistrate misused advantage as tribunal of fact
1. Criminal Law
2. › Sentencing
3. › Error of principle
4. › Whether putting prosecution to proof is a relevant sentencing factor
5. › Right to have case proved
1. Criminal Law
2. › Sentencing
3. › No sentence
4. › Technical offence
5. › Meaning of 'technical' in s 46 Sentencing Act 1995 (WA)
6. › Whether wider circumstances may be considered
7. › Sentencing Act 1995 (WA), s 46
1. Criminal Law
2. › Sentencing
3. › Spent conviction order
4. › Whether Magistrate erred in refusing spent conviction order
5. › Sentencing Act 1995 (WA), s 45

Quick Take

A sentencing court considering whether an offence is 'technical' under s 46 of the Sentencing Act 1995 (WA) must take a wide view of all the circumstances, not narrowly confine itself to those immediately surrounding the criminal transaction. The fact that an accused put the prosecution to proof can never be taken into account as a factor in arriving at an appropriate penalty.