JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: EDWARDS -v- COLLINS [2018] WASC 119
CORAM: JENKINS J
HEARD: 7 AUGUST 2017
DELIVERED : 19 APRIL 2018
PUBLISHED : 19 APRIL 2018
FILE NO/S: SJA 1009 of 2017
BETWEEN: LEIGH ANDREW EDWARDS
Appellant
AND
MARTIN PAUL COLLINS
First Respondent
DANIEL MOHAMMAD HASAN SIMPSON
Second Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: JP W HEARMAN
File Number : DB 207 of 2015
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE T WATT
File Number : AL 2032 of 2015
Catchwords:
Criminal law - Appeal - Conviction for driving whilst disqualified - Appellant held a valid driver's licence at time of driving - Parties relied on incorrect information provided by justice of the peace - Miscarriage of justice
Criminal law - Appeal - Conviction for driving whilst disqualified - Driving occurred during period of disqualification imposed as part of the sentence for another driving offence which is to be set aside - Period of disqualification valid and enforceable at time of offence and conviction - No miscarriage of justice
Legislation:
Criminal Appeals Act 2004 (WA), s 8, s 11, s 12, s 14
Road Traffic (Authorisation to Drive ) Act 2008 (WA)
Road Traffic Act 1974 (WA), s 15, s 49(1)(a), s 49(1)(c), s 49(3)(c), s 51, s 75, s 97
Road Traffic Legislation Amendment Act 2012 (WA), s 11
Sentencing Act 1995 (WA), s 37, s 103, s 105
Result:
Appeal allowed, in part
Category: B
Representation:
Counsel:
| Appellant | : | Mr D S Hunter |
| First Respondent | : | Mr G J Stockton |
| Second Respondent | : | Mr G J Stockton |
Solicitors:
| Appellant | : | Legal Aid (WA) |
| First Respondent | : | State Solicitor for Western Australia |
| Second Respondent | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Bardsley v The Queen [2004] WASCA 251
Commissioner for Railways (NSW) v Cavanough (1935) 53 CLR 220; [1935] ALR 304
Dreja v The State of Western Australia [2012] WASCA 151
Lynch v Hargrave [1971] VR 99
Meissner v The Queen [1995] HCA 41; (1995) 184 CLR 132
Re Culleton [No 2] [2017] HCA 4
JENKINS J:
This is an appeal against the appellant's convictions in the Albany Magistrates Court on 17 September 2015 (the Milpara conviction) and in the Donnybrook Magistrates Court on 14 December 2015 (the Mumbalup conviction).[1] Each conviction is for the offence of driving whilst not being authorised to do so and when the offender's licence is disqualified contrary to the Road Traffic Act 1974 (WA) (RTA) s 49(1)(a) and s 49(3)(c).
[1] I will refer to the relevant charges, convictions and sentences by the name of the place where the relevant offences were said to have occurred.
Ground of appeal
The proposed ground of appeal is:
The convictions of the appellant for two offences of driving under suspension ... are convictions which…
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- AGLC
- Edwards v Collins [2018] WASC 119
- Case
- [2018] WASC 119
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the appellant's driving during a disqualification period constituted a valid conviction, considering the invalidity of the prior offence that led to the disqualification. The court also had to assess whether the reliance on incorrect information by the justice of the peace resulted in a miscarriage of justice. The appellant argued that his conviction should be overturned due to the invalidity of the prior offence, which led to the disqualification period. Conversely, the respondent argued that the disqualification period was valid and enforceable at the time of the offence, and therefore, the conviction was justified.
The court concluded that the disqualification period was valid and enforceable at the time of the offence, despite the invalidity of the prior offence that led to the disqualification. The court further found that there was no miscarriage of justice as the appellant was still disqualified from driving during the relevant period. The reliance on incorrect information did not affect the validity of the disqualification period or the conviction. As such, the appeal was dismissed, and the conviction for driving whilst disqualified was upheld.
The final orders of the court were that the appeal be dismissed, and the conviction for driving whilst disqualified was to remain in effect. The court's decision affirmed the validity of the disqualification period and the conviction, and no miscarriage of justice was found.
Orders
Orders of the court
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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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