EJUEYITSI -v- MALONEY [2006] WASC 146
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2006] WASC 146 | |
| Case No: | SJA:1010/2005 | 9 JUNE 2006 | |
| Coram: | HASLUCK J | 26/07/06 | |
| 25 | Judgment Part: | 1 of 1 | |
| Result: | Application for leave to appeal dismissed Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | VINCENT BABATUNDE EJUEYITSI JOHN MALONEY |
Catchwords: | Criminal law Charge of false statement pursuant to Migration Act 1958 (Cth) Whether statement concerning residency was false or misleading in a material particular Whether prosecution established beyond reasonable doubt that statement was false Whether Magistrate erred in his appraisal of evidence Assessment of credibility of witnesses Delay in prosecuting appeal Whether extension of time should be allowed Comparison of earlier appellate legislation at time of conviction to current requirements Leave to appeal refused Turns on own facts |
Legislation: | Courts Legislation Amendment and Repeal Act 2004 (WA), s 23 Criminal Appeals Act 2004 (WA), s 9, s 10 Criminal Procedure (Summary) Act 1902 (WA), s 23 Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (WA), s 3, s 4 Interpretation Act 1984 (WA), s 36, s 37 Justices Act 1902 (WA), s 184, s 187(1), s 189, s 196, s 199, s 206C Migration Act 1958 (Cth) Rules of the Supreme Court 1971 (WA), O 65A r 2(b) |
Case References: | Atholwood v The Queen (2000) 110 A Crim R 417 Devries v Australian National Railways Commission (1993) 177 CLR 472 Gallo v Dawson (1990) 93 ALR 479 Garrett v Nicholson (1999) 21 WAR 226 Hajinoor v Dench [2005] WASC 274 Harling v Hall (1997) 94 A Crim R 437 King v City of Fremantle [2004] WASCA 212 Lancaster v The Queen [1989] WAR 83 Lawless v Turner [2005] WASC 254 M v The Queen (1994) 181 CLR 487 Maxwell v Murphy (1957) 96 CLR 261 Mount Lawley Pty Ltd v Western Australian Planning Commission [2004] WASCA 149; (2004) 29 WAR 273 Rodway v The Queen (1990) 169 CLR 515 Skerritt v O'Keefe [1999] WASCA 183 Verhoeven v Ninyette (1998) 101 A Crim R 24 Vrisakis v Australian Securities Commission (1993) 9 WAR 395 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Applicant
AND
JOHN MALONEY
Respondent
ON APPEAL FROM:
Jurisdiction : COURT OF PETTY SESSIONS
Coram : MR R B LAWRENCE SM
File No : PE 48305 of 2000
Catchwords:
Criminal law - Charge of false statement pursuant to Migration Act 1958 (Cth) - Whether statement concerning residency was false or misleading in a material particular - Whether prosecution established beyond reasonable doubt that statement was false - Whether Magistrate erred in his appraisal of evidence - Assessment of credibility of witnesses - Delay in prosecuting appeal - Whether extension of time should be allowed - Comparison of earlier appellate legislation at time…
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