[2024] TASSC 53
| COURT: | SUPREME COURT OF TASMANIA |
| CITATION: | De La Motte v Chenery [2024] TASSC 53 |
| PARTIES: | DE LA MOTTE, Glenn |
| v | |
| CHENERY, John Michael | |
| FILE NO: | 2376/2023 |
| DELIVERED ON: | 22 October 2024 |
| DELIVERED AT: | Hobart |
| HEARING DATE: | 19 February 2024 |
| JUDGMENT OF: | Brett J |
| CATCHWORDS: |
Magistrates – Appeal and review – Tasmania – Motion to review – Other matters – Held magistrate made no error in dealing with breaches of Browne v Dunn – Magistrate did not demonstrate actual or apprehended bias - Magistrate acting reasonably was entitled to be satisfied of guilt beyond reasonable doubt – No opportunity to consider case on alternative basis of liability - Magistrate had appropriate regard in the circumstances to applicant's disability when giving evidence.
Aust Dig Magistrates [1349]
Legislation:
Justices Act 1959, s 107, s 31(1), s 31(2)
Evidence (Children and Special Witnesses) Act 2001, s 8(1)
Cases:
Browne v Dunn (1893) 6 R 67
Carlsen v Wilkie [2018] TASSC 1
Charisteas v Charisteas [2021] HCA 29
Cuthbert v Coates [2018] TASSC 7
Ebner v Official Trustee in Bankruptcy [2000] HCA 63, 205 CLR 337
Hofer v The Queen [2021] HCA 36, 274 CLR 35
McCarthy v Xiong [1993] TASSC 48
R v Griffis (1996) 67 SASR 170
Wickham v Cole [1957] TASStRp 10, Tas SR 111
REPRESENTATION:
Counsel:
Applicant: In person Respondent: No appearance
| Judgment Number: | [2024] TASSC 53 |
| Number of paragraphs: | 48 |
Serial No 53/2024 File No 2376/2023
GLENN DE LA MOTTE v JOHN MICHAEL CHENERY
| REASONS FOR JUDGMENT | BRETT J 22 October 2024 |
1 On 14 August 2023, Magistrate Cure heard a complaint which charged the respondent with one count of assaulting the applicant. The respondent had pleaded not guilty. At the conclusion of the contested hearing, her Honour held that the charge had not been proved and dismissed the complaint. The applicant now moves this Court to review that order, pursuant to s 107 of the Justices Act 1959.
2 There is no question that the applicant has standing to bring this motion. As the person alleged to have been assaulted by the respondent, he is clearly a "person aggrieved" by the magistrate's decision to dismiss the charge. McCarthy v Xiong [1993] TASSC 48.
3 The prosecution case was that the assault had occurred during a confrontation between the two men which took place at a rural property occupied by a female friend of the applicant, Ms Chenery. The respondent was at that time Ms Chenery's husband. There had been a breakdown of the marriage, and consequent proceedings between those parties in the Federal Circuit and Family Court (the FCFC). An order had been made in those proceedings which permitted the respondent to attend the property on the day of the alleged assault between the hours of 9am and 5pm for the purpose of collecting his personal property. The order provided that Ms Chenery was to vacate the premises during that time but the applicant was…
Continue reading De La Motte v Chenery
Sign in free to access the full text
- AGLC
- De La Motte v Chenery [2024] TASSC 53
- Case
- [2024] TASSC 53
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the magistrate made any procedural errors in the handling of the case, particularly concerning the principles in Browne v Dunn. It also needed to assess if the magistrate demonstrated actual or apprehended bias and whether they reasonably satisfied themselves of guilt beyond reasonable doubt. Furthermore, the court needed to consider if there was an opportunity to address the case on an alternative basis of liability and whether the magistrate appropriately considered the applicant's disability when assessing the case.
The court found that the magistrate did not make any errors in dealing with the breaches of Browne v Dunn and did not demonstrate any actual or apprehended bias. The court held that the magistrate was entitled to be satisfied of guilt beyond reasonable doubt and that the opportunity to consider the case on an alternative basis of liability was not required. Additionally, the magistrate had appropriately considered the applicant's disability when giving evidence. The court concluded that the magistrate acted reasonably and within their jurisdiction, thus dismissing the appeal.
The court dismissed the appeal and confirmed the decision of the magistrate. The appellant was not granted any further relief, and the original decision stood. The court's ruling emphasised the importance of procedural fairness and the appropriate consideration of a defendant's circumstances, while also reinforcing the magistrate's discretion in such matters.
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.