Bromley v Bembridge

Case [2002] WASCA 192


BROMLEY -v- BEMBRIDGE [2002] WASCA 192



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 192
Case No:SJA:1010/200226 JUNE 2002
Coram:ROBERTS-SMITH J19/07/02
43Judgment Part:1 of 1
Result: Appeal against convictions dismissed
A
PDF Version
Parties:STUART JAMES BROMLEY
KARIN HOPE BEMBRIDGE

Catchwords:

Appeal
Justices Act 1902 (WA)
Travel Agents Act 1985 (WA)
Convictions of carrying on business as a travel agent without a licence
Holding out as carrying on business of a travel agent whilst not the holder of a licence
Whether appellant acting in course of his employment
Whether excepted under s 4(2) of the Travel Agents Act 1985
Appeal
Summary jurisdiction
Late amendment of charges
Adjournment
Summary jurisdiction
Reasons for decision
Whether required
Sufficiency of reasons
Appeal
Sentence
Fines one­fifth the statutory maximum
Whether manifestly excessive

Legislation:

Travel Agents Act 1985 (WA), s 4, s 7

Case References:

Allen v Gittos (1995) 13 WAR 560
Barton v The Queen (1980) 147 CLR 75
Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249
Donovan v Edwards [1922] VLR 87
Everard v Opperman [1958] VR 389
Grakalic v The Queen [2002] WASCA 139
Markarian v The Queen [2001] WASCA 393
Mathews v The Queen [2001] WASCA 264
Nevermann (1989) 43 A Crim R 347
R v Edwards [1975] QB 27
R v Fischer (1973) 22 FLR 456
R v McGill [1967] VR 683
Taylor v Ellis [1956] VR 457
Thomas v The Queen (1960) 102 CLR 584
Vines v Djordjevetich (1955) 91 CLR 512

Buller v The Queen [2002] WASCA 90
R v Brown [1998] AC 367
R v Cox [1960] VR 665
R v Devenish [1969] VR 737
R v Easom (1981) 28 SASR 134
R v Hall (1890) 16 VLR 650
R v Jones [1971] VR 72
R v Utans (1982) 29 SASR 592
R v Van Beelen (1973) 4 SASR 353
Thornberry v The Queen (1995) 69 ALJR 777

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : BROMLEY -v- BEMBRIDGE [2002] WASCA 192 CORAM : ROBERTS-SMITH J HEARD : 26 JUNE 2002 DELIVERED : 19 JULY 2002 FILE NO/S : SJA 1010 of 2002
    SJA 1019 of 2002
    Consolidated by Order dated 25 February 2002
BETWEEN : STUART JAMES BROMLEY
    Appellant

    AND

    KARIN HOPE BEMBRIDGE
    Respondent



Catchwords:

Appeal - Justices Act 1902 (WA) - Travel Agents Act 1985 (WA) - Convictions of carrying on business as a travel agent without a licence - Holding out as carrying on business of a travel agent whilst not the holder of a licence - Whether appellant acting in course of his employment - Whether excepted under s 4(2) of the Travel Agents Act 1985



Appeal - Summary jurisdiction - Late amendment of charges - Adjournment

Summary jurisdiction - Reasons for decision - Whether required - Sufficiency of reasons

Appeal - Sentence - Fines one­fifth the statutory maximum - Whether manifestly excessive

(Page 2)

Legislation:

Travel Agents Act 1985 (WA), s 4, s 7




Result:

Continue reading Bromley v Bembridge

Sign in free to access the full text

Details
AGLC
Bromley v Bembridge [2002] WASCA 192
Case
[2002] WASCA 192
Decision Date

CaseChat Overview and Summary

This appeal arose out of a conviction in the Magistrates Court of Western Australia, where the appellant, Bromley, was found guilty of carrying on business as a travel agent without a licence in contravention of section 4(1) of the Travel Agents Act 1985 (WA). The appellant had been held out by Bembridge, a licensed travel agent, as carrying on the business of a travel agent while not being the holder of a licence. The case involved several legal issues, including whether the appellant was acting in the course of his employment, whether he was excepted under section 4(2) of the Travel Agents Act, and if the late amendment of charges and adjournment were justified under summary jurisdiction.

The Court of Appeal found that the appellant's actions were not excepted under section 4(2) of the Travel Agents Act, and he was not acting in the course of his employment. Additionally, the Court held that the amendment of charges and adjournment were justified under the circumstances. The Court also determined that the trial judge was not required to provide reasons for his decision, and that the fines imposed were not manifestly excessive, being one-fifth of the statutory maximum.

As a result of the Court of Appeal's decision, the appeal against the convictions was dismissed. The appellant's conviction for carrying on business as a travel agent without a licence, and the fines imposed, were upheld. The Court of Appeal found that the trial judge had exercised his discretion appropriately in imposing the fines, and that there was no error in the trial judge's decision. The appellant's appeal was ultimately unsuccessful, and the convictions and fines imposed by the Magistrates Court were upheld.

Orders

Orders of the court

Appeal against convictions 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.