SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Devenport v Garnon |
Citation: | [2024] ACTSC 198 |
Hearing Date: | 14 March 2024 |
Decision Date: | 27 June 2024 |
Before: | Taylor J |
Decision: | (1) The appeal is dismissed. (2) The conviction is confirmed. |
Catchwords: | CRIMINAL LAW – APPEAL – Appeal from Magistrates Court – Appeal against conviction – whether finding of guilt was unreasonable or could not have been supported having regard to the evidence – whether the Magistrate’s reasons were insufficient – whether the Liberato direction was misapplied – each ground not established – appeal dismissed – conviction confirmed |
Legislation Cited: | Crimes Act 1900 (ACT), ss 26, 49 Evidence Act 2011 (ACT), ss 38, 39 Magistrates Court Act 1930 (ACT), ss 208-219 |
Cases Cited: | Acuthan v Coates (1986) 6 NSWLR 472; 24 A Crim R 304 Alexander v Bakes [2023] ACTCA 49; 21 ACTLR 27 Alfred (a pseudonym) v Eiffert [2023] ACTSC 403 Bourke v Styche [2024] ACTSC 62 DL v The Queen [2018] HCA 26; 266 CLR 1 Director of Public Prosecutions (NSW) vIllawarra Cashmart Pty Ltd [2006] NSWSC 343; 67 NSWLR 402 Garay v The Queen(No 3) [2023] ACTCA 2 Lee v Lee [2019] HCA 28; 266 CLR 129 Liberato v The Queen [1985] HCA 66; 159 CLR 507 M v The Queen [1994] HCA 63; 181 CLR 487 O’Connell v McMennemin [2014] ACTSC 112 Poidevin v Coutts [2024] ACTSC 91 Robinson Helicopter Company Inc v McDermott [2016] HCA 22; 331 ALR 550 |
Texts Cited: | Judicial Commission of New South Wales, Criminal Trial Courts Bench Book (last updated Update 77, June 2024) |
Parties: | Jamie Lee Devenport ( Appellant) Rafe Garnon ( Respondent) |
Representation: | Counsel T Jackson ( Appellant) C Muthurajah ( Respondent) |
| Solicitors Bevan & Co Lawyers ( Appellant) Director of Public Prosecutions ( Respondent) | |
File Number: | SCA 53 of 2023 |
Decision Under Appeal: | Court/Tribunal: ACT Magistrates Court Before: Magistrate Lawton Date of Decision: 25 August 2023 Case Title: Garnon v Devenport Court File Number(s): CAN 1197 of 2022 CAN 2248 of 2022 |
TAYLOR J
Introduction
On 25 August 2023, the appellant was found guilty in the ACT Magistrates Court of the following charge:
(i)CC2022/2248 – common assault, contrary to s 26 of the Crimes Act 1900 (ACT) (the Crimes Act), carrying a maximum penalty of imprisonment for 2 years.
The offender was sentenced to a Good Behaviour Order for a period of 12 months. By way of an Amended Notice of Appeal, the appellant appeals against the conviction on the following grounds:
(a)The verdict is unreasonable or cannot be supported by evidence. The particulars of this ground are;
(i)his Honour erred in considering the evidence from Mr Scott Baker that was accepted in circumstances of Mr Baker’s evidence of having schizophrenia;
(ii)his Honour accepted evidence from Mr Baker that was…
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- AGLC
- Devenport v Garnon [2024] ACTSC 198
- Case
- [2024] ACTSC 198
- Decision Date
CaseChat Overview and Summary
The court found that each ground of appeal was not established. The evidence presented was sufficient to support the finding of guilt. The Magistrate's reasons were adequate, providing a clear rationale for the conviction. The Liberato direction, which requires the court to consider the overall evidence before convicting, was correctly applied. The court held that the appeal did not succeed because the grounds presented were not substantiated.
The appeal was dismissed, and the conviction was confirmed. This means that Devenport's conviction for assault occasioning actual bodily harm remains in place.
Orders
Orders of the court
(1) The appeal is dismissed.
(2) The conviction is confirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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