Beaton v The Queen - [2021] NSWDC 720

District Court

New South Wales

Medium Neutral Citation: Beaton v R [2021] NSWDC 720
Hearing dates: 27 October 2021
Date of orders: 27 October 2021
Decision date: 27 October 2021
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
(1) The appeal is dismissed
(2) The finding of guilt is confirmed
(3) The orders of the Local Court are confirmed

Catchwords:
APPEALS — Jurisdiction of appellate court — District Court
APPEALS — Nature of appeal — Appeal by rehearing — Whether rehearing de novo
APPEALS — Nature of appeal — Functions of appellate court
APPEALS — Orders on appeal — Powers of appellate court
APPEALS — Right of appeal — Scope of right — Error of law
APPEALS — Right of appeal — Scope of right — From “judgment”

Legislation Cited:
Crimes Act 1900
Crimes (Appeal and Review) Act 2001
Evidence Act 1995

Cases Cited:
AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218
Allesch v Maunz [2000] HCA 40
Charara v R [2006] NSWCCA 244
Director of Public Prosecutions (NSW) v Burns [2010] NSWCA 265
Dyason v Butterworth [2015] NSWCA 52
Lunney v Director of Public Prosecutions [2021] NSWCA 186

Category: Principal judgment
Parties: Shane Beaton (Appellant)
Regina (Respondent)
Representation:
Derek Shridhar (counsel for the Appellant)
Julie Sweeney (solicitor for the Respondent)
Director of Public Prosecutions (NSW) (Respondent)

File Number(s): 2020/00175639
Publication restriction: Statutory non-publication order of the name of the complainant and of any information which may enable their identity to be ascertained
Decision under appeal

Court or tribunal:

Goulburn Local Court

Jurisdiction:

Criminal

Date of Decision:

17 August 2021

Before:

Beattie LCM

File Number(s):

2020/00175639

REVISED EX TEMPORE JUDGEMENT

INTRODUCTION

Shane Beaton was convicted in a Local Court at Goulburn on 17 August 2021 by Magistrate Beattie of an offence of sexually touching another without their consent contrary to s 61KC(a) Crimes Act 1900. The conviction followed a defended hearing in which the appellant was represented by counsel. The appeal from that conviction was lodged on 14 September 2021 within the 28 days provided within the Crimes (Appeal and Review) Act 2001 for appeals of this nature to be lodged as a matter of right.

THE NATURE OF THE APPEAL

It had been thought by many judges of this Court that the nature of these appeals required the Court to embark upon their own review of the entirety of the evidence before the magistrate to come to a view upon the evidence, bearing in mind the benefit that the magistrate had at first instance of assessing the witnesses before the Court both with regard to their accuracy and their honesty. The Court was permitted to look at the magistrate’s judgement to draw whatever assistance it might provide in the task required of it.
The statement of principle as it was understood governing the conduct of those appeals was found in the decision of Charara v R [2006] NSWCCA 244 and specifically the judgement of President Mason.
Since then there have been two decisions in the Court of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Beaton v The Queen

Details

AGLC: Beaton v The Queen [2021] NSWDC 720
Case: [2021] NSWDC 720
Decision Date: 27 October 2021

CaseChat Overview and Summary

The appeal, brought forth by Beaton against The Queen, arose from a matter originally heard in the Local Court. Beaton sought to challenge his conviction and sentence on appeal to the District Court. The nature of the dispute involved the interpretation and application of legal principles in the context of Beaton's criminal proceedings, focusing on whether the Local Court had erred in its determination of guilt and the appropriate sentence.

The primary legal issues that the District Court needed to address were the scope and nature of the appeal process from the Local Court to the District Court. Specifically, the court had to determine whether the appeal was to be conducted de novo, meaning afresh and without regard to the previous proceedings, or if it was to be limited to reviewing the original decision for errors of law. Additionally, the court needed to consider the extent of its jurisdiction and powers in making orders on appeal, and whether it had the authority to correct any perceived errors of law in the Local Court’s judgment.

In resolving these issues, the District Court found that the appeal did not warrant a de novo rehearing. Instead, the appellate process was to be limited to reviewing the original decision for any errors of law. The court held that it did not have the jurisdiction to conduct a full retrial of the case. Moreover, the court confirmed that its role was to ensure that the Local Court's process and decisions were legally sound and in accordance with the applicable laws. After careful review, the District Court concluded that no such errors of law were present. Consequently, the appeal was dismissed, the finding of guilt was upheld, and the orders of the Local Court were confirmed.

Orders

Orders of the court

(1) The appeal is dismissed

(2) The finding of guilt is confirmed

(3) The orders of the Local Court are confirmed

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.

Medium Neutral Citation:	Beaton v R [2021] NSWDC 720
Hearing dates:	27 October 2021
Date of orders:	27 October 2021
Decision date:	27 October 2021
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	(1) The appeal is dismissed (2) The finding of guilt is confirmed (3) The orders of the Local Court are confirmed
Catchwords:	APPEALS — Jurisdiction of appellate court — District Court APPEALS — Nature of appeal — Appeal by rehearing — Whether rehearing de novo APPEALS — Nature of appeal — Functions of appellate court APPEALS — Orders on appeal — Powers of appellate court APPEALS — Right of appeal — Scope of right — Error of law APPEALS — Right of appeal — Scope of right — From “judgment”
Legislation Cited:	Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Evidence Act 1995
Cases Cited:	AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218 Allesch v Maunz [2000] HCA 40 Charara v R [2006] NSWCCA 244 Director of Public Prosecutions (NSW) v Burns [2010] NSWCA 265 Dyason v Butterworth [2015] NSWCA 52 Lunney v Director of Public Prosecutions [2021] NSWCA 186
Category:	Principal judgment
Parties:	Shane Beaton (Appellant) Regina (Respondent)
Representation:	Derek Shridhar (counsel for the Appellant) Julie Sweeney (solicitor for the Respondent) Director of Public Prosecutions (NSW) (Respondent)
File Number(s):	2020/00175639
Publication restriction:	Statutory non-publication order of the name of the complainant and of any information which may enable their identity to be ascertained
Decision under appeal	Court or tribunal: Goulburn Local Court Jurisdiction: Criminal Date of Decision: 17 August 2021 Before: Beattie LCM File Number(s): 2020/00175639