[2014] TASSC 60
COURT: SUPREME COURT OF TASMANIA
CITATION: Coppleman v Godfrey [2014] TASSC 60
PARTIES: COPPLEMAN, Paul James
v
GODFREY, Jessica Maree
FILE NO: 20/2014
DELIVERED ON: 14 November 2014
DELIVERED AT: Hobart
HEARING DATE: 16 September 2014
JUDGMENT OF: Wood J
CATCHWORDS:
Magistrates – Appeal and review – Tasmania – Motion to review – Other matters – Application for hearing de novo – Whether requiring a ground of review as per s 107(4) of the Justices Act 1959 (Tas) – Whether the interests of justice require that the complaint be heard de novo.
Justices Act 1959 (Tas), ss 107, 111.
Webster v White [1991] TASSC 75; Webster v White (No 2) [1991] TASSC 80; H v Williams [1995] TASSC 33; Traynor v McCullagh (2011) 218 A Crim R 177, considered.
TKWJ v The Queen (2002) 212 CLR 124, applied.
Aust Dig Magistrates [1349]
REPRESENTATION:
Counsel:
Applicant: E Hughes, K Abercromby
Respondent: S Nicholson
Solicitors:
Applicant: Rae & Partners
Respondent: Acting Director of Public Prosecutions
Judgment Number: [2014] TASSC 60
Number of paragraphs: 72
Serial No 60/2014
File No 20/2014
PAUL JAMES COPPLEMAN v JESSICA MAREE GODFREY
REASONS FOR JUDGMENT WOOD J
14 November 2014
Paul James Coppleman was charged on complaint with one count of common assault and one count of breach of a family violence order. He was found guilty of both charges by Magistrate M Brett on 21 October 2013. Mr Coppleman has brought a motion to this Court to review his conviction.
The ground of review
The notice to review sets out the singular ground of review that the learned magistrate "erred in fact and/or in law in that his finding of the complaint proved against the Applicant was unsafe and unsatisfactory in all the circumstances of the case". Particulars of the ground have been provided and all concern the conduct of defence counsel at the hearing. The notice to review, in its amended form, sets out the particulars as follows:
"• That counsel at the hearing admitted evidence without objection in the absence of instructions to do so, namely records of SMS text messages.
•That counsel at the hearing admitted evidence without objection in the absence of instructions to do so, namely the video record of interview between the Applicant and Tasmania Police dated the 31st July, 2013.
•That counsel at the hearing failed to call material witnesses who were present, willing and able to give evidence on the matter, namely Melinda Coppleman and Ross James Coppleman.
•That counsel at the hearing failed to adduce evidence through the witness, Melinda Coppleman contradicting evidence of the complainant with respect to a phone call in which she makes complaint with respect to the Applicant having committed an assault.
•That counsel at the hearing failed to adduce evidence in support of the Applicant's case namely a recording of the phone conversation between the complainant and the witness Melinda Coppleman which contradicts the complainant's evidence…
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CaseChat Overview and Summary
The court considered the statutory framework provided by the Justices Act 1959 (Tas), particularly sections 107 and 111, which outline the process for reviewing decisions made by justices. Section 107(4) specifies the grounds upon which review may be sought, including errors of fact or law or lack of jurisdiction. Section 111(4) provides that a hearing de novo may only be ordered if the court is satisfied that the interests of justice require it. The court found that section 111(4) did not impose an obligation to state a ground of review before applying for a hearing de novo, as the provision focuses on whether the interests of justice warrant such a hearing.
The court concluded that the requirement to state a ground of review, as per section 107(4), did not apply to an application for a hearing de novo under section 111. Instead, the court must consider whether the interests of justice necessitate a rehearing de novo, based on the specific circumstances of the case. This interpretation aligns with the discretionary nature of section 111(4), which empowers the court to order a de novo hearing when it deems necessary.
The Supreme Court dismissed the appeal, finding that the application for a hearing de novo did not require a ground of review under section 107(4) and that the interests of justice did not support rehearing the complaint de novo. The court made no orders for a rehearing de novo.
Orders
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Background
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Evidence
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Decision
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