Ascic v Bedworth

Case [2013] WASCA 174


ASCIC -v- BEDWORTH [2013] WASCA 174



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASCA 174
THE COURT OF APPEAL (WA)
Case No:CACR:6/201319 JUNE 2013
Coram:MARTIN CJ
BUSS JA
MAZZA JA
5/08/13
37Judgment Part:1 of 1
Result: Application made 19 June 2013 for leave to adduce additional evidence dismissed
Extension of time to appeal refused
Appeal dismissed
B
PDF Version
Parties:ANA ASCIC
PHILIP JOHN BEDWORTH

Catchwords:

Criminal law
Appeal against conviction
Single judge dismissed appellant's appeal against her conviction in the Magistrates Court
Appellant drove a motor vehicle on a road without due care and attention
Application to adduce additional evidence
Whether any of the proposed grounds of appeal have a reasonable prospect of success

Legislation:

Criminal Appeals Act 2004 (WA), s 9, s 16(2), s 18, s 39, s 40
Road Traffic Act 1974 (WA), s 62

Case References:

Abalos v Australian Postal Commission [1990] HCA 47; (1990) 171 CLR 167
Ascic v Bedworth [2013] WASC 4
CSR Ltd v Della Maddalena [2006] HCA 1; (2006) 80 ALJR 458
Dearman v Dearman [1908] HCA 84; (1908) 7 CLR 549
DPJB v The State of Western Australia [2010] WASCA 12
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Gallagher v The Queen [1986] HCA 26; (1986) 160 CLR 392
Jones v The Queen [1997] HCA 12; (1997) 191 CLR 439
KLM v The State of Western Australia [2009] WASCA 73; (2009) 194 A Crim R 503
Lawless v The Queen [1979] HCA 49; (1979) 142 CLR 659
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559
M v The Queen [1994] HCA 63; (1994) 181 CLR 487
McMahon v The State of Western Australia [2010] WASCA 143
Mickelberg v The Queen [1989] HCA 35; (1989) 167 CLR 259
R v Birks (1990) 19 NSWLR 677
R v Nguyen [2010] HCA 38; (2010) 242 CLR 491
R v Taufahema [2007] HCA 11; (2007) 228 CLR 232
Rinaldi v The State of Western Australia [2007] WASCA 53
SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400
TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124
Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : ASCIC -v- BEDWORTH [2013] WASCA 174 CORAM : MARTIN CJ
    BUSS JA
    MAZZA JA
HEARD : 19 JUNE 2013 DELIVERED : 5 AUGUST 2013 FILE NO/S : CACR 6 of 2013 BETWEEN : ANA ASCIC
    Appellant

    AND

    PHILIP JOHN BEDWORTH
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : EM HEENAN J

Citation : ASCIC -v- BEDWORTH [2013] WASC 4

File No : SJA 1038 of 2012


Catchwords:

Criminal law - Appeal against conviction - Single judge dismissed appellant's appeal against her conviction in the Magistrates…

Continue reading Ascic v Bedworth

Sign in free to access the full text

Details
AGLC
Ascic v Bedworth [2013] WASCA 174
Case
[2013] WASCA 174
Decision Date

CaseChat Overview and Summary

In the case of Ascic v Bedworth, the appellant, Ascic, sought to appeal against her conviction in the Magistrates Court for driving a motor vehicle on a road without due care and attention. The appeal was dismissed by a single judge. Ascic applied to adduce additional evidence and extend the time to appeal, which were both refused. The central legal issue before the court was whether any of the proposed grounds of appeal had a reasonable prospect of success.

The court considered the criteria for allowing additional evidence in an appeal, which includes whether the evidence was not reasonably available at the time of the original hearing and whether it was likely to lead to a different outcome. The court found that the evidence Ascic sought to introduce was not reasonably available at the time of the original hearing, and it was unlikely to result in a different outcome. Furthermore, the court considered the grounds of appeal and concluded that none of them had a reasonable prospect of success. As such, the appeal was dismissed and the application to adduce additional evidence and extend the time to appeal were both refused.

The court's decision was grounded in the requirement that any appeal must have a reasonable prospect of success. Given the evidence was not reasonably available at the time of the original hearing and would not likely lead to a different outcome, the court found that the appeal did not meet this criterion. The court also found that none of the proposed grounds of appeal had a reasonable prospect of success, leading to the dismissal of the appeal. The application to adduce additional evidence and extend the time to appeal were also dismissed on the basis that they were unlikely to lead to a different outcome.

Orders

Orders of the court

Application made 19 June 2013 for leave to adduce additional evidence dismissed

Extension of time to appeal refused

Appeal dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.