C, S M v Police

[2016] SASC 167

SUPREME COURT OF SOUTH AUSTRALIA

(Magistrates Appeals: Criminal)

C, S M v POLICE

[2016] SASC 167

Judgment of The Honourable Justice Stanley

4 November 2016

MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT - PRINCIPLES ON WHICH COURT ACTS - INTERFERENCE WITH DISCRETION

TRAFFIC LAW - OFFENCES - PARTICULAR OFFENCES - DRIVING IN MANNER DANGEROUS TO PUBLIC - GENERALLY

CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA - GENERAL PRINCIPLES

CRIMINAL LAW - SENTENCE - SENTENCING OF JUVENILES - CUSTODIAL ORDERS - GENERALLY

This is an appeal against conviction and sentence. 

The appellant was charged with the following offences, all alleged to have been committed on 21 December 2015:

1. drove a vehicle in a manner dangerous to any person contrary to s 46 of the Road Traffic Act 1961 (SA) (RTA);

2. assault causing harm contrary to s 20(4) of the Criminal Law Consolidation Act 1935 (SA) (CLCA);

3.  aggravated assault contrary to s 20(3) of the CLCA; and

4. resist police contrary to s 6(2) of the Summary Offences Act 1953 (SA).

The appellant pleaded guilty to aggravated assault and resist police at the pre-trial conference held on 31 March 2016.  The appellant’s trial commenced before a magistrate in the Christies Beach Youth Court on 30 May 2016.  She pleaded guilty to the offence of assault causing harm part way through the trial and was found guilty of the offence of driving in a manner dangerous to any person by the court.

The magistrate remanded the appellant in custody overnight before imposing sentence on 31 May 2016. 

The magistrate recorded convictions for all offences.  The magistrate imposed a fine of $50 and a licence disqualification of two years which was to commence forthwith for the offence of driving a vehicle in a manner dangerous.  For the remaining offences the magistrate imposed a period of 16 weeks detention, suspended upon the appellant entering into an obligation to be of good behaviour for a period of three years in the amount of $100.

The appellant appeals against the guilty verdict on the charge of driving in a manner dangerous and the sentence imposed for all offences.

The appellant appeals against the guilty verdict on the charge of driving in a manner dangerous on five grounds.  They are:

1.  that the magistrate was distracted by the behaviour of the appellant in the non-contested charges such that he failed to properly analyse the elements of the offence of driving in a manner dangerous;

2.  that the magistrate was wrong to cut short the cross-examination of the victim with regards to the distance between the two vehicles at each commencement of forward movement after the traffic light had turned green;

3.  that the magistrate was wrong to find that the other driver, who collided with the rear of the appellant’s vehicle, bore no responsibility to maintain a sufficient distance to the rear so that he could safely stop to avoid a…