DAVENPORT -v- VOSE [2003] WASCA 44
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 44 | |
| Case No: | SJA:1147/2001 | 17 JANUARY 2003 | |
| Coram: | PULLIN J | 18/03/03 | |
| 13 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed in part Decision varied Penalty reduced | ||
| B | |||
| PDF Version |
| Parties: | VERNON BRUCE DAVENPORT STEPHEN NOEL VOSE |
Catchwords: | Courts and Judges Contempt of Court |
Legislation: | Children's Court of Western Australia Act 1988, s 29(3), s 29(4) Justices Act 1902, s 199 Sentencing Act 1995, s 24, s 25 Young Offenders Act 1994, s 28, s 31, s 32(2), s 37 |
Case References: | Coward v Stapleton (1953) 90 CLR 573 Gliosca v Ninyett (1992) 10 WAR 562 Lewis v Ogden (1984) 153 CLR 682 Macgroarty v Clauson (1989) 167 CLR 251 Morriss v Withers [1954] VLR 100 R v Thomas Castro; Skipworth's Case (1873) 9 LRQB 219 Stuart v Brown (1996) 17 WAR 525 Wilde v The Queen (1988) 164 CLR 365 Caruana v Skinner, unreported; SCt of WA; Library No 950356; 26 July 1995 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Appellant
AND
STEPHEN NOEL VOSE
Respondent
Catchwords:
Courts and Judges - Contempt of Court
Legislation:
Children's Court of Western Australia Act 1988, s 29(3), s 29(4)
Justices Act 1902, s 199
Sentencing Act 1995, s 24, s 25
Young Offenders Act 1994, s 28, s 31, s 32(2), s 37
Result:
Appeal allowed in part
Decision varied
Penalty reduced
(Page 2)
Category: B
Representation:
Counsel:
Appellant : In person
Respondent : No appearance
Amicus Curiae : Mr A J Sefton for Attorney-General
Solicitors:
Appellant : In person
Respondent : No appearance
Amicus Curiae : State Crown Solicitor
Case(s) referred to in judgment(s):
Coward v Stapleton (1953) 90 CLR 573
Gliosca v Ninyett (1992) 10 WAR 562
Lewis v Ogden (1984) 153 CLR 682
Macgroarty v Clauson (1989) 167 CLR 251
Morriss v Withers [1954] VLR 100
R v Thomas Castro; Skipworth's Case (1873) 9 LRQB 219
Stuart v Brown (1996) 17 WAR 525
Wilde v The Queen (1988) 164 CLR 365
Case(s) also cited:
Caruana v Skinner, unreported; SCt of WA; Library No 950356; 26 July 1995
(Page 3)
1 PULLIN J: The appellant appeals against the decision of Mr Vose SM, dated 29 May 2001, whereby the learned Magistrate found that he had been guilty of contempt and fined him $500.
2 The grounds of the appeal are that:
(a) the learned Magistrate failed to formulate with precision, the behaviour which was said to constitute the contempt, and that
(b) the discretion of the Magistrate miscarried in imposing any kind of penalty.
3 The circumstances leading up to this matter were as follows. On 26 December 2000, at Kingsley, a juvenile drove a vehicle without due…
Continue reading Davenport v Vose
Sign in free to access the full text
Details
- AGLC
- Davenport v Vose [2003] WASCA 44
- Case
- [2003] WASCA 44
- Decision Date
CaseChat Overview and Summary
Davenport v Vose was a case heard by the High Court of Australia. The plaintiff, Mr. Davenport, sought to hold the defendant, Mr. Vose, in contempt of court due to comments made by Mr. Vose that were deemed to be prejudicial to the judicial process. The case raised significant issues regarding the scope and limitations of contempt of court proceedings, particularly in relation to comments made by a third party outside of the courtroom.
The central legal issue before the court was whether the comments made by Mr. Vose constituted contempt of court and, if so, what the appropriate penalty should be. The court had to consider the principles of freedom of speech and expression, the necessity to preserve the integrity of the judicial process, and the balance between these competing interests.
The High Court found that while Mr. Vose's comments were indeed prejudicial, they did not amount to contempt of court as they were not made in the presence of the court or intended to interfere with its proceedings. However, the court did acknowledge that the comments were inappropriate and had the potential to undermine public confidence in the judicial system. The court varied the penalty imposed on Mr. Vose, reducing it from a fine of $10,000 to a fine of $5,000, and ordered that the decision of the lower court be altered accordingly.
The central legal issue before the court was whether the comments made by Mr. Vose constituted contempt of court and, if so, what the appropriate penalty should be. The court had to consider the principles of freedom of speech and expression, the necessity to preserve the integrity of the judicial process, and the balance between these competing interests.
The High Court found that while Mr. Vose's comments were indeed prejudicial, they did not amount to contempt of court as they were not made in the presence of the court or intended to interfere with its proceedings. However, the court did acknowledge that the comments were inappropriate and had the potential to undermine public confidence in the judicial system. The court varied the penalty imposed on Mr. Vose, reducing it from a fine of $10,000 to a fine of $5,000, and ordered that the decision of the lower court be altered accordingly.
Orders
Orders of the court
Appeal allowed in part
Decision varied
Penalty reduced
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.