FRIPP -v- CARTER [2012] WASC 288 (24 July 2012)

1 HALL J: On 13 March 2012 the appellant appeared in the Mandurah Magistrates Court and was sentenced to a total effective sentence of 18 months' imprisonment. That sentence included a sentence of 9 months' imprisonment for stealing a motor vehicle contrary to s 378 of the Criminal Code (WA). The appellant now seeks leave to appeal against that sentence. As the appeal was commenced late the appellant also seeks an extension of time.

2 The prosecution notice and statement of material facts state that the value of the car that was the subject of the relevant charge was $800. Where a stealing charge relates to a car and is dealt with in the Magistrates Court, s 426 of the Criminal Code provides for the relevant summary conviction penalties. Where the value of the car does not exceed $1,000 the relevant maximum summary conviction penalty is a fine of $6,000 and no penalty of imprisonment is provided for in these circumstances. Had the charge been dealt with on indictment the maximum penalty that could have been imposed would have been 7 years' imprisonment. However, there was no application for this charge to be dealt with on indictment and, accordingly, it was not open to the magistrate to impose a sentence of imprisonment for this offence.