SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCI 2020 0079
| COLLEEN TRELOAR | Applicant |
| v | |
| DAVID LEIGH RICHARDSON | Respondent |
---
| JUDGES: | BEACH, KAYE and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 28 August 2020 |
| DATE OF JUDGMENT: | 28 August 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 216 |
| JUDGMENT APPEALED FROM: | [2020] VSC 479 (Niall JA) |
---
CRIMINAL LAW – Criminal procedure – Jurisdiction of Magistrates’ Court to hear and determine summarily charges for indictable offences – Whether magistrate erred in conducting summary hearing of indictable charges – Whether applicant consented to summary jurisdiction – Whether accused must be present when consent to summary jurisdiction is given – Whether a formal order is required – Whether magistrate erred in refusing leave to withdraw consent to summary jurisdiction – Application for leave to appeal refused – Criminal Procedure Act 2009, s 29.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr N Papas QC with Mr J Lavery | Access Law |
| For the Respondent | Mr B Sonnett | Ms A Hogan, Solicitor for Public Prosecutions |
BEACH JA
KAYE JA
T FORREST JA:
Section 29 of the Criminal Procedure Act 2009 (‘the Act’) permits a Magistrates’ Court to hear and determine summarily charges for certain indictable offences,[1] if the Court considers that the charge ‘is appropriate to be determined summarily’[2] and ‘the accused consents to a summary hearing’.
[1]As to which, see s 28 of the Act.
[2]Having regard to matters specified in s 29(2) of the Act.
On 19 December 2017, the applicant was charged with four charges of theft from her employer and four alternative charges of obtaining property by deception. The amounts involved were alleged to be $794, $2,340, $440 and $548.
On 14 May 2019, following a contested summary hearing, the applicant was convicted of three of the charges of theft and sentenced to an aggregate term of imprisonment of four months. The amount in respect of those charges totalled $3,328. The alternative charges of obtaining property by deception were struck out, and the applicant was acquitted of the remaining charge of theft and its alternative charge.
On 7 June 2019, the applicant filed a notice of appeal to the Supreme Court on a question of law pursuant to s 272 of the Act. In her notice of appeal, the applicant contended that the magistrate erred in law in conducting a summary hearing of the indictable charges against her. Specifically, the applicant put in issue whether the requirements of s 29 of the Act had been met so as to lawfully permit a summary hearing; and, if they had, whether the magistrate erred in law in refusing the applicant leave to withdraw her consent, given at an earlier hearing, to summary jurisdiction.
On 16 July 2020, the applicant’s appeal came on for hearing before Niall JA, sitting in the Trial Division. On 19 August 2020, his Honour dismissed the appeal.[3]
[3]Treloar v Richardson [2020] VSC 479 (‘Reasons’).
The applicant now seeks leave to appeal to this Court against Niall…
Keep reading for free
Create a free CaseChat account to read Colleen Treloar v David Leigh Richardson and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] VSCA 216
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Magistrates' Court had correctly exercised its jurisdiction to hear the indictable charges summarily, whether Richardson had validly consented to the summary hearing, and whether any procedural requirements had been overlooked. Specifically, the court examined if Richardson's consent to the summary hearing was properly obtained, whether he needed to be present when this consent was given, and if a formal order was necessary. Additionally, the court considered whether the magistrate had erred in refusing Richardson leave to withdraw his consent to the summary hearing.
The Court of Appeal held that the Magistrates' Court had the authority to proceed summarily if all parties consented, provided the accused was informed of their right to a jury trial. The court found that there was no requirement for a formal order to be made for the consent to be valid. It was determined that Richardson's consent had been properly obtained and that he did not need to be present when this consent was given. The Court of Appeal concluded that the magistrate did not err in refusing to allow Richardson to withdraw his consent. Consequently, the application for leave to appeal was refused.
Orders
Orders of the court
Full text does not contain this section.
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.