COWLEY -v- GODWIN [2006] WASC 74

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2006] WASC 74
Case No:	SJA:1092/2005	Heard:	21 APRIL 2006
Coram:	BLAXELL J	Delivered:	3/05/06
No of pages:	11	Judgment Part:	1 of 1
Result:	Appeal dismissed
Category:	B
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Parties:	GREGORY JOHN COWLEY WAYNE GODWIN
Catchwords:	Road Traffic Act 1974 (WA) Reckless driving First offence Disqualification from driving for 18 months Whether period of disqualification manifestly excessive
Legislation:	Criminal Procedure Act 2004 (WA), s 35(13) Road Traffic Act 1974 (WA), s 60
Case References:	Chan (1989) 38 A Crim R 337 Dinsdale v The Queen (2000) 202 CLR 321 Forbes v Durant [1999] WASCA 85 House v The King (1936) 55 CLR 499 Lowndes v The Queen (1999) 195 CLR 665 Richards v Damianopolous [2002] WASCA 159 Hopper v The Queen [2003] WASCA 153 Langridge v The Queen (1996) 17 WAR 346 Marker v The Queen [2002] WASCA 282 Piggott v Chitty, unreported; SCt of WA; Library No 920116; 9 March 1992 Re the State of Western Australia; Ex parte Worswick [2005] WASCA 187

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : COWLEY -v- GODWIN [2006] WASC 74 CORAM : BLAXELL J HEARD : 21 APRIL 2006 DELIVERED : 3 MAY 2006 FILE NO/S : SJA 1092 of 2005 BETWEEN : GREGORY JOHN COWLEY

Appellant

AND

WAYNE GODWIN

Respondent

ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : JUSTICES OF THE PEACE AT KUNUNURRA

Citation : THE POLICE v GREGORY JOHN COWLEY

File No : JO 2570 of 2005

Catchwords:

Road Traffic Act 1974 (WA) - Reckless driving - First offence - Disqualification from driving for 18 months - Whether period of disqualification manifestly excessive

(Page 2)

Legislation:

Criminal Procedure Act 2004 (WA), s 35(13)

Road Traffic Act 1974 (WA), s 60

Result:

Appeal dismissed

Category: B

Representation:

Counsel:

Appellant : Mr A E Monisse

Respondent : Ms K Y Loh

Solicitors:

Appellant : Hammond Worthington

Respondent : State Solicitor for Western Australia

Case(s) referred to in judgment(s):

Chan (1989) 38 A Crim R 337
Dinsdale v The Queen (2000) 202 CLR 321
Forbes v Durant [1999] WASCA 85
House v The King (1936) 55 CLR 499
Lowndes v The Queen (1999) 195 CLR 665
Richards v Damianopolous [2002] WASCA 159

Case(s) also cited:

Hopper v The Queen [2003] WASCA 153
Langridge v The Queen (1996) 17 WAR 346
Marker v The Queen [2002] WASCA 282
Piggott v Chitty, unreported; SCt of WA; Library No 920116; 9 March 1992
Re the State of Western Australia; Ex parte Worswick [2005] WASCA 187

(Page 3)

1 BLAXELL J: This is an appeal from the decision of two Justices of the Peace in the Kununurra Magistrates Court on 5 October 2005. On that date the appellant pleaded guilty to offences of failing to stop when called upon (contrary to s 53 of the Road Traffic Act 1974 (WA)) and reckless driving (contrary to s 60 of that Act). The court…

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 Cowley v Godwin

Details

AGLC: Cowley v Godwin [2006] WASC 74
Case: [2006] WASC 74
Decision Date

CaseChat Overview and Summary

Cowley, the appellant, brought an appeal against his conviction and sentence for reckless driving and failing to stop when called upon. Cowley was convicted in the Kununurra Magistrates Court on 5 October 2005 and fined $300 for the offence of failing to stop and $1000 for the offence of reckless driving. The Magistrates Court also disqualified Cowley from holding a driver's licence for 18 months. Cowley appealed on the basis that the period of disqualification was manifestly excessive. The primary legal issue for the court to decide was whether the penalty imposed by the Magistrates Court was manifestly excessive. The court held that the period of disqualification was not manifestly excessive, and dismissed Cowley's appeal. The court held that while the period of disqualification was towards the higher end of the appropriate range for most first offences of reckless driving, it was not manifestly excessive in the circumstances of the present case.

Orders