Alvarez v Girvan

Case [2024] ACTSC 53


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Alvarez v Girvan

Citation: 

[2024] ACTSC 53

Hearing Date: 

9 February 2023

Decision Date: 

29 February 2024

Before:

Loukas-Karlsson J

Decision: 

Appeal dismissed.

Catchwords: 

APPEAL – APPEAL FROM MAGISTRATES COURT – Appeal from conviction – where appellant found guilty of two offences of common assault – whether findings of guilt were unreasonable and could not be supported by the evidence – whether there was a failure to cross-examine prosecution witness by prosecutor – whether the Magistrate erred in giving himself a Murray direction – open to Magistrate to reject evidence of accused at first instance – appeal dismissed – convictions confirmed

Legislation Cited: 

Crimes Act 1900 (ACT) ss 26, 28

Crimes Act 1914 (Cth) s 23WA

Evidence Act 2011 (ACT) s 38
Magistrates Court Act 1930 (ACT) ss 207, 208, 214

Cases Cited: 

Alexander v Bakes [2023] ACTCA 49

Dansie v The Queen [2022] HCA 25; 274 CLR 651

Featherstone v The Queen; Bloxsome v The Queen [2020] ACTCA 33

Fennell v The Queen [2019] HCA 37; 93 ALJR 1219

Finau v The Queen [2021] ACTCA 17

Fox v Percy [2003] HCA 22; 214 CLR 118

Garay v The Queen (No 3) [2023] ACTCA 2

Greenwood v Barlee [2018] ACTSC 46

Ji v Stone [2023] ACTSC 54

Kanaan v R [2006] NSWCCA 109

Laipato v Truman [2017] ACTSC 351

Lang v The Queen [2023] HCA 29; 97 ALJR 758

M v The Queen [1994] HCA 37; 181 CLR 487

McFarlane v Van Eyle [2022] ACTCA 68

Peverill v Crampton [2010] ACTSC 79; 19 ACTLR 26

R v Bragias [2016] NSWCCA 219

R v Kennedy [2000] NSWCCA 487; 118 A Crim R 34

R v Livermore [2006] NSWCCA 334; 67 NSWLR 450

R v MRW [1999] NSWCA 452; 113 A Crim R 308

R v Murray (1987) 11 NSWLR 12; 30 A Crim R 315

R v Teasdale [2004] NSWCCA 91; 145 A Crim R 345

Saddik v The Queen [2018] VSCA 249

Soames v R [2012] NSWCCA 188

Vogel v Broomhall [2019] ACTSC 194

Ward v Richardson [2021] ACTSC 130

Parties: 

Patrick Phillip Alvarez ( Appellant)

Scott Girvan ( Respondent)

Representation: 

Counsel

K Bolas ( Appellant)

J Hiscox ( Respondent)

Solicitors

Kim Bolas Legal Group ( Appellant)

ACT Director of Public Prosecutions ( Respondent)

File Number:

SCA 25 of 2022

Decision Under Appeal: 

Court/Tribunal:             ACT Magistrates Court

Before:   Magistrate Morrison

Date of Decision:        28 June 2022

Case Title:  Police v Alvarez

Court File Number(s): CC21/6158, 6160

LOUKAS-KARLSSON J:      

Introduction

1․This is an appeal from the conviction of Mr Alvarez (the appellant) upon two charges of common assault (CC2021/6158, CC2021/6160), contrary to s 26 of the Crimes Act 1900 (ACT) (Crimes Act). The appellant was found not guilty of two other offences, the first charge being an act endangering health (CC2021/3468), contrary to s 28 of the Crimes Act, and the second being the alternative charge of common…

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Alvarez v Girvan [2024] ACTSC 53
Case
[2024] ACTSC 53
Decision Date

CaseChat Overview and Summary

The appeal in Alvarez v Girvan was brought before the court by the appellant, who was found guilty by a Magistrate of two offences of common assault. The appellant argued that the findings of guilt were unreasonable and could not be supported by the evidence, and that there was a failure by the prosecutor to cross-examine a key prosecution witness. Additionally, the appellant claimed that the Magistrate erred in giving himself a Murray direction, and that it was not open to the Magistrate to reject the evidence of the accused at first instance.

The court was required to determine whether the findings of guilt were unreasonable and unsupported by the evidence, whether there was a failure to cross-examine the prosecution witness by the prosecutor, and whether the Magistrate erred in giving himself a Murray direction. The court also considered whether it was open to the Magistrate to reject the evidence of the accused at first instance.

In its reasoning, the court found that the findings of guilt were supported by the evidence, and that there was no failure by the prosecutor to cross-examine the prosecution witness. The court also found that it was open to the Magistrate to reject the evidence of the accused at first instance, and that there was no error in the Magistrate giving himself a Murray direction. The appeal was dismissed, and the convictions were confirmed.

No further orders were made by the court.

Orders

Orders of the court

Appeal dismissed.

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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