Elwin v Robinson

Case [2014] WASCA 46


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ELWIN -v- ROBINSON [2014] WASCA 46



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2014] WASCA 46
THE COURT OF APPEAL (WA)
Case No:CACR:215/20122 AUGUST 2013
Coram:PULLIN JA
NEWNES JA
MAZZA JA
28/02/14
20Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:JASON CAMERON ELWIN
EDWARD GEORGE ROBINSON

Catchwords:

Criminal law
Police powers of arrest
Whether excessive force used in the arrest
Circumstances of violence and mayhem
Whether facts in substance justified the decision
Obstruction of police officer

Legislation:

Criminal Appeals Act 2004 (WA), s 14(3)
Criminal Code (WA), s 172(2), s 231, s 260
Criminal Investigations Act 2006 (WA), s 16, s 128(3)

Case References:

Carmichael v McGowan [1967] WAR 11
Elwin v Robinson [2012] WASC 311
Hayward-Jackson v Mason-Walshaw [2012] WASC 107
JRNT v The State of Western Australia [2011] WASCA 183
M v The Queen (1994) 181 CLR 487
McIntosh v Webster (1980) 43 FLR 112


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : ELWIN -v- ROBINSON [2014] WASCA 46 CORAM : PULLIN JA
    NEWNES JA
    MAZZA JA
HEARD : 2 AUGUST 2013 DELIVERED : 28 FEBRUARY 2014 FILE NO/S : CACR 215 of 2012 BETWEEN : JASON CAMERON ELWIN
    Appellant

    AND

    EDWARD GEORGE ROBINSON
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : McKECHNIE J

File No : SJA 1074 of 2011


Catchwords:

Criminal law - Police powers of arrest - Whether excessive force used in the arrest - Circumstances of violence and mayhem - Whether facts in substance justified the decision - Obstruction of police officer

Legislation:

Criminal Appeals Act 2004 (WA), s 14(3)


Criminal Code (WA), s 172(2), s 231, s 260
Criminal Investigations Act 2006 (WA), s 16, s 128(3)

Result:

Appeal dismissed


Category: B


Representation:

Counsel:


    Appellant : Mr P Yovich
    Respondent : Ms C Barbagallo

Solicitors:

    Appellant : Terry Dobson Legal
    Respondent : Director of Public Prosecutions (WA)



Case(s) referred to in judgment(s):

Carmichael v McGowan [1967] WAR 11
Elwin v Robinson [2012] WASC 311
Hayward-Jackson v Mason-Walshaw [2012] WASC 107
JRNT v The State of Western Australia [2011] WASCA 183
M v The Queen (1994) 181 CLR 487
McIntosh v Webster (1980) 43 FLR 112



1 PULLIN JA: I agree with Mazza JA.

2 NEWNES JA: I agree with Mazza JA.


    MAZZA JA:




Introduction

3 The appellant was charged in the Magistrates Court with disorderly behaviour in public, obstructing a public officer in the performance of that officer's functions and refusing to supply personal details to a police officer. He was convicted after trial of the offence of obstructing…

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Elwin v Robinson [2014] WASCA 46
Case
[2014] WASCA 46
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CaseChat Overview and Summary

The matter of Elwin v Robinson was heard in the Supreme Court of Victoria. The appellant, Elwin, sought to appeal against a conviction arising from an arrest by the respondent, Robinson, a police officer. The central dispute centred on whether Robinson used excessive force during the arrest and whether the circumstances warranted the level of force employed. Elwin argued that the police officer's actions were disproportionate to the situation and amounted to assault. The case also addressed the issue of whether Elwin obstructed the officer during the arrest, a fact that Robinson claimed justified his actions.

The primary legal issues before the court were whether the police officer's use of force during the arrest was lawful and justified under the circumstances, and whether Elwin's conduct warranted such force. The court had to consider the principles governing the use of force by police officers in the execution of their duties, particularly in relation to arrests. It was necessary to examine the factual matrix of the case, including the level of violence and mayhem present, and determine whether these circumstances substantively justified Robinson's decision to use force.

The court held that Robinson's use of force was lawful and justified. The judges found that the circumstances, including the presence of significant violence and the need to prevent further disorder, warranted the level of force employed. The court also determined that Elwin's conduct did indeed constitute obstruction, which further justified Robinson's actions. The decision was based on a detailed analysis of the facts and the legal standards applicable to police use of force. The court concluded that Robinson's actions were within the bounds of reasonable force permissible under the law.

Given the findings, the appeal was dismissed. The court affirmed Robinson's actions were lawful and justified under the circumstances, and no grounds for appeal were substantiated. The conviction against Elwin was therefore upheld, and the appeal was dismissed without any further orders.

Orders

Orders of the court

Appeal dismissed

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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