DODO-BALU -v- HODGSON [2015] WASC 222
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 222 | |
| Case No: | SJA:1077/2014 | 9 JUNE 2015 | |
| Coram: | PRITCHARD J | 9/06/15 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed | ||
| B | |||
| PDF Version |
| Parties: | LUFUENDE DODO-BALU PAUL RICHARD HODGSON |
Catchwords: | Criminal law Contravening traffic control signal Appellant convicted in his absence Appeal conceded Miscarriage of justice Turns on its own facts |
Legislation: | Criminal Appeals Act 2004 (WA), s 6, s 7, s 8, s 9(2) Criminal Procedure Act 2004 (WA), s 55 Road Traffic Code 2000 (WA), reg 40(2) |
Case References: | Grover v Scott [2010] WASCA 164 Sharma v Hodgson [2012] WASC 433 Wimbridge v The State of Western Australia [2009] WASCA 196 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Applicant
AND
PAUL RICHARD HODGSON
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE G CICCHINI
File No : PE 71249 of 2014
Catchwords:
Criminal law - Contravening traffic control signal - Appellant convicted in his absence - Appeal conceded - Miscarriage of justice - Turns on its own facts
Legislation:
Criminal Appeals Act 2004 (WA), s 6, s 7, s 8, s 9(2)
Criminal Procedure Act 2004 (WA), s 55
Road Traffic Code 2000 (WA), reg 40(2)
Result:
Appeal allowed
Category: B
Representation:
Counsel:
Applicant : In person
Respondent : Mr W A Fitt
Solicitors:
Applicant : In person
Respondent : State Solicitor for Western Australia
Cases referred to in judgment:
Grover v Scott [2010] WASCA 164
Sharma v Hodgson [2012] WASC 433
Wimbridge v The State of Western Australia [2009] WASCA 196
- PRITCHARD J:
(This judgment was delivered extemporaneously on 9 June 2015 and has been edited from the transcript)
1 By prosecution notice dated 17 March 2014, Mr Dodo-Balu was charged with driving contrary to reg 40(2) of the Road Traffic Code 2000 (WA). It was alleged that, on 28 January 2014, Mr Dodo-Balu failed to comply with a traffic control signal. The matter was listed for hearing in the Magistrates Court on 4 April 2014. Mr Dodo-Balu failed to attend.
2 Section 55(2) of the Criminal Procedure Act 2004 (WA) provides that:
(2) If on the court date the court is satisfied that the accused has been served under this Part with the prosecution notice containing the charge and a court hearing notice, or an approved notice, notifying the accused of that date and that the court may deal with the charge in the accused’s absence if the accused does not appear on that date, the court may -
...
(b) hear and determine the charge in the accused’s absence.
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- Dodo-Balu v Hodgson [2015] WASC 222
- Case
- [2015] WASC 222
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CaseChat Overview and Summary
The primary legal issue before the court was whether the conviction of Dodo-Balu in his absence was appropriate and whether it resulted in a miscarriage of justice. The court needed to determine if the evidence was sufficient to support the conviction and whether Dodo-Balu's absence during the trial affected the fairness of the proceedings. Additionally, the court had to consider the broader implications of convicting someone in their absence and the potential for injustice in such circumstances.
The court found that the conviction of Dodo-Balu in his absence was indeed a miscarriage of justice. The evidence presented was not robust enough to support the conviction without the opportunity for Dodo-Balu to defend himself. The court highlighted that the absence of the accused from the trial undermined the fundamental fairness of the legal process, leading to an unjust outcome. Consequently, the court allowed the appeal and quashed the conviction.
Orders
Orders of the court
Appeal allowed
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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