Crocker v Vinicombe

Case [2019] WASC 416


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

CITATION:   CROCKER -v- VINICOMBE [2019] WASC 416

CORAM:   FIANNACA J

HEARD:   23 SEPTEMBER 2019

DELIVERED          :   23 SEPTEMBER 2019

PUBLISHED           :   14 NOVEMBER 2019

FILE NO/S:   SJA 1045 of 2019

BETWEEN:   TODD MUNRO CROCKER

Appellant

AND

DAVID VINICOMBE

Respondent

ON APPEAL FROM:

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE E SHACKLETON

File Number             :   AM 46989/ 1994


Catchwords:

Single Judge Appeal - Appeal against penalty - Meaning of 'penalty' - Mandatory minimum disqualification - Application of limitation period - Need for material error - Power to allow an appeal under s 14(1)(b) - Application of s 14(2) proviso (power to dismiss appeal where Court considers no substantial miscarriage of justice) where error material to exercise of sentencing discretion

Legislation:

Criminal Appeals Act 2004 (WA) s 8, s 9, s 14
Interpretation Act 1984 (WA) s 5
Road Traffic Act (Administration) Act 2008 (WA) s 7, s 107
Road Traffic Act 1974 (WA) s 63, s 64AA

Result:

Appeal allowed

Category:    B

Representation:

Counsel:

Appellant : In Person
Respondent : Ms A Seen

Solicitors:

Appellant : In Person
Respondent : State Solicitor's Office

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

Abeyakoon v Brown [2011] WASCA 63

Anderson v Little [2009] WASC 143

Barron v Western Australia [2010] WASCA 27; (2010) 55 MVR 123

Batt v Wigger [2017] WASC 300

Birch v Binnekamp [2018] WASC 58

Bloomfield v The State of Western Australia [2017] WASCA 10

Brand v Vuleta [2005] WASCA 24

Brewerton v The State of Western Australia [2017] WASCA 191; (2017) 82 MVR 176

Burrows v The State of Western Australia [2014] WASCA 147

Casotti v Pickering [2013] WASC 174

Edwards v Simpson [2018] WASCA 177; (2018) 86 MVR 14

Fernandes v The State of Western Australia [2009] WASCA 227

Harding v The State of WA [2015] WASCA 27

Harwig v Myers [2018] WASC 196

House v The King [1936] HCA 40; (1936) 55 CLR 499

Inglis v Pinch [2016] WASC 30; (2016) 256 A Crim R 502

Joyce v Gee [2010] WASC 76

Kentwell v The Queen [2014] HCA 37; (2014) 313 ALR 451

Lawson v The State of Western Australia [2018] WASCA 129; (2018) 85 MVR 160

Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665

McCoombe v The State of Western Australia [2016] WASCA 227

Mullane v Smith (unreported, SCt of WA, Library No 1318, 10 November 1989); (1989) 10 MVR 111

Ninyette v Holmes [2015] WASC 287;(2015) 72 MVR 81

Paterson v Steer [2000] WASCA 250

Powell v The State of Western Australia [2010] WASC 54

Powell v Tickner [2010] WASCA 224

R (a child) v Panaia [2011] WASC 110

Richards v Damianopolous [2002] WASCA 159

Roberts v The State of Western Australia [2014] WASCA 239

Rowsell v The State of Western Australia [2015] WASCA 2

Samson v The State of Western Australia [2011] WASCA 173

Samuels v The State of Western Australia [2005] WASCA 193

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Crocker v Vinicombe [2019] WASC 416
Case
[2019] WASC 416
Decision Date

CaseChat Overview and Summary

Crocker v Vinicombe is an appeal by the respondent against a penalty imposed by the Court of Appeal. The penalty involved a mandatory minimum disqualification period imposed on the appellant for a driving offence. The Court of Appeal had affirmed the sentence imposed by the Magistrates' Court, which included the mandatory minimum disqualification period. The respondent argued that the penalty was not a penalty for the purposes of the relevant legislation, thus allowing for an appeal. The Court of Appeal dismissed the appeal, holding that the penalty was indeed a penalty and that there was no material error in the exercise of the sentencing discretion.

The primary legal issue before the court was whether the mandatory minimum disqualification period imposed on the appellant constituted a penalty for the purposes of the relevant legislation. If it did, then the court needed to consider whether the appeal could be allowed due to a material error in the exercise of the sentencing discretion. The court also had to determine if the appeal could be dismissed under the proviso of the relevant section of the legislation, which allowed the court to dismiss the appeal if it considered that no substantial miscarriage of justice had occurred.

The court held that the mandatory minimum disqualification period was indeed a penalty. However, the court considered that the error in the exercise of sentencing discretion was not material, as the penalty was imposed by the legislature, and the court did not have the power to alter the penalty. The court further held that the appeal could be dismissed under the proviso of the relevant section of the legislation, as it did not consider that a substantial miscarriage of justice had occurred. The court dismissed the appeal, affirming the penalty imposed by the Court of Appeal.

No further orders were made by the court.

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