"C" -v- MARSH [2006] WASC 41 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2006] WASC 41 (S)
Case No:	SJA:1090/2005	Heard:	11 JANUARY & 15 MARCH 2006
Coram:	SIMMONDS J	Delivered:	15/03/06
Supplementary Delivered:	1/09/06
No of pages:	14	Judgment Part:	1 of 1
Result:	Costs orders made
Category:	B
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Parties:	"C" JASON LEE MARSH
Catchwords:	Costs Appeals against convictions Not all appeals successful Official Prosecutions (Accused's Costs) Act 1973 (WA) Costs awarded
Legislation:	Criminal Appeals Act 2004 (WA), s 14(1)(h), s 20(2) Criminal Procedure Rules 2005 (WA), s 65 Justice Act 1902 (WA), s 199(1)(g), s 219 Legal Aid Commission Act 1976(WA), s 41, s 43 Legal Practice Act 2003 (WA), s 226 Legal Practitioners Act 1893 (WA), s 62A(2) Official Prosecutions (Accused's Costs) Act 1973 (WA), s 4(2)(a)(iv), s 4(2)(b)(ii), s 5(1), s 5(3), s 5(4), s 6
Case References:	Australian Securities & Investments Commission v Emu Brewery Mezzanine Ltd [2004] WASC 241(S) C v Marsh [2006] WASC 41 Haynes v Hughes [2001] WASCA 169 Mastrangelo v Reynolds [2001] WASCA 347 O'Dea v Fletcher, unreported; SCt of WA (Murray J); Library No 920666; 20 November 1992 Sorrell v Bryant (Commissioner of State Revenue), unreported; SCt of WA (Parker J); Library No 980170; 7 April 1998 Westgold Resources NL v St George Bank Ltd, unreported; SCt of WA (Anderson J); Library No 980717; 9 December 1998 Williams v Beverly & Ors, unreported; SCt of WA; Library No 980474; 24 August 1998 Winter v Fleet [2002] WASCA 128 Bank of Western Australia Ltd v O'Neill, unreported; SCt of WA; Library No 990018; 22 January 1999 Bolton v Stange [2001] WASCA 34 Bridgetown-Greenbushes Friends of the Forest Inc & Anor v Executive Director of the Department of Conservation and Land Management & Ors, unreported; SCt of WA; Library No 980103; 6 March 1998 Hudgson v Endrust (Australia) Pty Ltd (1986) 11 FCR 152 Latoudis v Casey (1990) 170 CLR 534 Russell v McGuire, unreported; SCt of WA; Library No 940108; 3 March 1994

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : "C" -v- MARSH [2006] WASC 41 (S) CORAM : SIMMONDS J HEARD : 11 JANUARY & 15 MARCH 2006 DELIVERED : 15 MARCH 2006 SUPPLEMENTARY
DECISION : 1 SEPTEMBER 2006 FILE NO/S : SJA 1090 of 2005 BETWEEN : "C"

Appellant

AND

JASON LEE MARSH

Respondent

ON APPEAL FROM:

Jurisdiction : CHILDREN'S COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE T G SCHWASS

File No : CC 1803 of 2005, CC 1804 of 2005, CC 1805 of 2005

Catchwords:

Costs - Appeals against convictions - Not all appeals successful - Official Prosecutions (Accused's Costs) Act 1973 (WA) - Costs awarded

(Page 2)

Legislation:

Criminal Appeals Act 2004 (WA), s 14(1)(h), s 20(2)

Criminal Procedure Rules 2005 (WA), s 65
Justice Act 1902 (WA), s 199(1)(g), s 219
Legal Aid Commission Act 1976(WA), s 41, s 43
Legal Practice Act 2003 (WA), s 226
Legal Practitioners Act 1893 (WA), s 62A(2)
Official Prosecutions…

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 "C" v Marsh

Details

AGLC: "C" v Marsh [2006] WASC 41 (S)
Case: [2006] WASC 41 (S)
Decision Date: 15 MARCH 2006

CaseChat Overview and Summary

The case of "C" v Marsh involved a dispute concerning the costs associated with an appeal against convictions. The defendant, "C", appealed against his convictions and sought to have the costs of the appeal reimbursed under the Official Prosecutions (Accused's Costs) Act 1973 (WA). The matter was brought before the relevant court, which was required to determine whether the appeal had been successful enough to warrant the reimbursement of costs.

The legal issues before the court were whether the appeal had been substantially successful, and if so, to what extent the costs could be awarded. The court had to examine the criteria outlined in the Official Prosecutions (Accused's Costs) Act 1973 (WA) to decide on the appropriate costs. This involved assessing the extent to which the appeal had resulted in a reduction of the original conviction or sentence, and whether there were any other factors that would justify awarding costs.

In its reasoning, the court found that while the appeal had not been entirely successful in overturning the convictions, it had resulted in a significant reduction in the sentences imposed on the defendant. The court noted that the appeal had achieved a partial success, which justified the award of costs. The court considered the overall circumstances of the case, including the nature of the offences, the arguments presented, and the outcome of the appeal. Based on this analysis, the court concluded that the defendant was entitled to some reimbursement of his costs. The court made appropriate orders for the reimbursement of costs, taking into account the partial success of the appeal.

Orders

Orders of the court

Costs orders made

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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