Bloxham v Wyte

Case [2013] ACTSC 151

STEPHANIE BLOXHAM v JOANNE MARIE WYTE
[2013] ACTSC 151 (5 August 2013)

APPEAL – GENERAL PRINCIPLES – In General and Right of Appeal – competence of appeal – availability of appeal to Supreme Court of finding of guilt made in Magistrates Court.

CRIMINAL LAW – PARTICULAR OFFENCES – Offences against Government – hindering Territory public official – no physical element relating to property – effect of claim of right – whether offence arises necessarily out of the exercise of a proprietary or possessory right – claim of right does not excuse use of force – mistake of fact – whether public official was exercising the official’s functions as a public official – whether defendant can rely on uninformed assessment of nature and scope of legal obligations applicable to exercise of  function concerned or of degree of compliance with such obligations – self-defence of property based on honest but incorrect belief in right to possession of property having no value to defendant or to officials concerned – no reasonable belief that response was necessary to protect property from unlawful appropriation.

CRIMINAL LAW – PARTICULAR OFFENCES – Offences Against the Person – assault – self-defence of property – no reasonable belief that it was necessary in self-defence of property to do what defendant did.

Crimes Act 1914 (Cth) s 23L

Criminal Code 2002 (ACT) ss 11, 36, 38, 42, 58, 361

Crimes Act 1900 (ACT) ss 26, 375
Crimes (Sentencing) Act 2005 (ACT) s 17
Evidence Act 2011 (ACT) s 138
Human Rights Act 2004 (ACT) ss 22, 30
Legislation Act 2001 (ACT) Dictionary
Magistrates Court Act 1930 (ACT) ss 113, 114, 207, 208, 219B,
Supreme Court Act 1933 (ACT) s 20

Acuthan v Coates (1986) 6 NSWLR 472
Cobiac v Liddy (1969) 119 CLR 257
In the matter of an application for bail by Islam [2010] ACTSC 147
International Finance Trust Co Ltd v New South Wales Crime Commission (2009) 240 CLR 319
Kelly v Apps (2000) 98 FCR 101
Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390
Lacey v Attorney-General (Qld) (2011) 242 CLR 573
Schmidt v Box [2009] ACTSC 109
Thoroughgood v Greenup [2013] ACTSC 46
Turnbull v New South Wales Medical Board [1976] 2 NSWLR 281
Travini v Starczewski [2009] ACTSC 123
Upton v Cowling [2001] ACTSC 116
Walsh v Law Society of New South Wales (1999) 198 CLR 73
Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645

Butterworths Australian Legal Dictionary (1st ed, Butterworths, 1997)

Odgers S, Principles of Federal Criminal Law (2nd ed, Thomson Reuters, 2010)

Ian Leader-Elliott, The Commonwealth Criminal Code, A Guide for Practitioners (Commonwealth Attorney-General’s Department, March 2002)

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. SCA 43 of 2011

Judge:             Penfold J
Supreme Court of the ACT

Date:              5 August 2013

IN THE SUPREME COURT OF THE     )
  )          No. SCA 43 of 2011
AUSTRALIAN CAPITAL TERRITORY )

ON APPEAL FROM THE MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

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Bloxham v Wyte [2013] ACTSC 151
Case
[2013] ACTSC 151
Decision Date

CaseChat Overview and Summary

The matter of Bloxham v Wyte was heard before the Supreme Court, where the defendant, Bloxham, appealed against a conviction and sentence imposed by a Magistrate for hindering a public official of the Australian Capital Territory and assault. The dispute centred on whether the defendant's actions were justified under the defence of self-defence of property and whether a claim of right could excuse the use of force against a public official. The court had to determine if the defendant's belief in his right to the property, which was of no value to him or the officials, could justify the use of force, and if the defendant's assessment of his legal obligations was reasonable.

The legal issues before the court included the interpretation of the statutory provisions concerning offences against government officials and the defence of self-defence of property. The court had to assess whether the claim of right defence was applicable, and if the defendant's use of force was reasonable given his mistaken belief in the necessity to protect property from unlawful appropriation. Additionally, the court examined whether the defendant could rely on an uninformed assessment of his legal obligations and whether the public official was exercising their functions at the time of the incident.

In its reasoning, the court found that the claim of right did not excuse the use of force against a public official and that the defendant's mistaken belief about the necessity to protect property from unlawful appropriation did not justify the use of force. The court held that there was no reasonable belief that the defendant's actions were necessary to protect property, as the property in question held no value to him or the officials. The court also noted that the defendant could not rely on an uninformed assessment of his legal obligations. Consequently, the appeal was dismissed, and the Magistrate's findings and sentence orders were confirmed.

The final orders of the court were that the appeal was dismissed, and the findings and sentence orders made by the Magistrate were upheld. The defendant's appeal against the conviction and sentence was therefore unsuccessful.

Orders

Orders of the court

The appeal is accordingly dismissed, and the Magistrate’s findings and sentence orders are confirmed.

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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