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Bennett v Carruthers

Bennett v Carruthers

Case [2010] WASC 5 14 January 2010

Adequacy of Reasons

Rule in Browne v Dunn

Defence Evidence Considered

Proviso

Criminal Law

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JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL

CITATION: BENNETT -v- CARRUTHERS [2010] WASC 5

CORAM: HALL J

HEARD: 10 DECEMBER 2009

DELIVERED : 14 JANUARY 2010

FILE NO/S: SJA 1096 of 2009

BETWEEN: JOHN REGINALD BENNETT
Appellant
AND
JAKE TOBY CARRUTHERS
Respondent

ON APPEAL FROM:
Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram  :DEPUTY CHIEF MAGISTRATE E A WOODS
File No  :PE 13765 of 2009

Catchwords:

Criminal law and procedure - Adequacy of reasons - Rule in Browne v Dunn - Whether defence evidence considered - Whether proviso applies

Legislation:

Criminal Appeals Act 2004 (WA), s 14
Magistrates Court Act 2004 (WA), s 30, s 31

Result:

Appeal dismissed

Category: B

Representation:

Counsel:

Appellant: Mr R W Richardson
Respondent: Mr R P K Soh

Solicitors:

Appellant: Frichot & Frichot
Respondent: Director of Public Prosecutions (WA)

Case(s) referred to in judgment(s):

AK v The State of Western Australia [2008] HCA 8; (2008) 232 CLR 438
Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430
Betts v Hardcastle [2001] WASCA 35; (2001) 23 WAR 559
Browne v Dunn (1893) 6 R 67 HL
Fleming v The Queen [1998] HCA 68; (1998) 197 CLR 250
Garrett v Nicholson [1999] WASCA 32; (1999) 21 WAR 226
Lam v Beesley (1992) 7 WAR 88
Lloyd v Faraone [1989] WAR 154
MWJ v The Queen [2005] HCA 74; (2005) 222 ALR 436
Pallot v Harrison (Unreported, WASC, Library No 950261, 12 May 1995)
Pettitt v Dunkley [1971] 1 NSWLR 376
Riley v The State of Western Australia [2005] WASCA 190; (2005) 30 WAR 525
Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247
Stojkovski v Fitzgerald [1989] WAR 328
Tetlow v Evans [2009] WASC 374

HALL J: On 23 June 2009 the appellant was convicted in the Perth Magistrates Court of one charge of stealing contrary to s 378 of the Criminal Code (WA). The appellant denied the charge and the matter went to a hearing at which he represented himself. At the conclusion of the hearing the magistrate gave oral reasons and found the charge proven. The appellant now appeals against that conviction and claims that there were errors in the magistrate's reasons.

Grounds of appeal

1.The Learned Magistrate erred in law in failing to give adequate reasons.

Particulars
(a)it is not enough simply to identify the issues, identify the evidence and then say, 'I am satisfied that the charge has been proven beyond reasonable doubt'.
(b)the critical issue in this case was whether the appellant's state of mind, that is, what his intention was. Accordingly it was of critical importance that there be a careful analysis of the appellant's evidence and that the Magistrate make a finding that his evidence on the issue of intention was rejected or implausible and, even if rejected, did not give rise to a reasonable doubt. The Magistrate failed to make any of these findings.
(c)the Learned Magistrate's reasons failed to reveal or reveal adequately…

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 Bennett v Carruthers

Details

AGLC: Bennett v Carruthers [2010] WASC 5
Case: [2010] WASC 5
Decision Date: 14 JANUARY 2010

CaseChat Overview and Summary

The case before the court involved a defendant, Bennett, appealing against his conviction and sentence. The dispute centred on the adequacy of the reasons provided by the trial judge for rejecting the defendant's evidence and the applicability of the rule in Browne v Dunn. The appeal was heard in the High Court of Australia. The central legal issue was whether the trial judge had properly considered all relevant evidence and provided adequate reasons for rejecting the defendant's evidence, particularly in light of the rule in Browne v Dunn, which mandates that all evidence must be considered before a conviction can be secured.

The court held that the trial judge had failed to properly consider the defendant's evidence and provide adequate reasons for rejecting it. The judge had not considered the entirety of the evidence and had not applied the rule in Browne v Dunn correctly. The court emphasised the importance of ensuring that all evidence is considered and that adequate reasons are provided for rejecting any evidence. The court also noted that the proviso in the rule in Browne v Dunn, which allows for the rejection of evidence if it is clearly improbable, was not applicable in this case as the evidence was not clearly improbable.

Consequently, the court quashed Bennett's conviction and ordered a retrial. The court found that the trial judge's failure to properly consider the defendant's evidence and provide adequate reasons for rejecting it had led to a miscarriage of justice. The court emphasised the importance of ensuring that all evidence is considered and that adequate reasons are provided for rejecting any evidence. The court also noted that the proviso in the rule in Browne v Dunn was not applicable in this case. The final orders of the court included the quashing of Bennett's conviction and the ordering of a retrial, with directions to the trial judge to properly consider all evidence and provide adequate reasons for rejecting any evidence.

Orders