JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: EVANS -v- WA POLICE [2023] WASC 495
CORAM: DERRICK J
HEARD: 22 JANUARY 2024
DELIVERED : 7 FEBRUARY 2024
FILE NO/S: SJA 1069 of 2023
BETWEEN: HAYDEN CARL EVANS
Appellant
AND
WA POLICE
Respondent
ON APPEAL FROM:
For File No: SJA 1069 of 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE L KEANE
File Number : RO 2000 of 2023
Catchwords:
Appeals - Application for leave for appeal against conviction - Application for extension of time - Appellant convicted after trial of using a mobile phone while driving a vehicle contrary to regulation 265(2) of the Road Traffic Code 2000 (WA) - Whether magistrate's conduct gave rise to a reasonable apprehension of bias - Whether magistrate's verdict was unreasonable or was not supported by the evidence
Legislation:
Criminal Appeals Act 2004 (WA)
Criminal Procedure Act 2004 (WA)
Road Traffic Code 2000 (WA)
Result:
Application for an extension of time to appeal allowed
Application for leave to appeal dismissed
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | Z R Clifford |
Solicitors:
| Appellant | : | Not applicable |
| Respondent | : | State Solicitor's Office (WA) |
Case(s) referred to in decision(s):
Duckworth v The State of Western Australia [2018] WASCA 2
Eastough v The State of Western Australia [No 2] [2010] WASCA 88
Galea v Galea (1990) 19 NSWLR 263
Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488
Michael v The State of Western Australia [2007] WASCA 100
Nafranec v Nicol [2012] WASC 436
Prichard v M 6:8 Legal Pty Ltd [2024] WASCA 4
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
DERRICK J:
Introduction
On 4 April 2023 the appellant was charged with one offence of using a mobile phone while driving a vehicle contrary to regulation 265(2) of the Road Traffic Code 2000 (WA) (Code).
The appellant pleaded not guilty to the charge.
The appellant's short trial took place before Magistrate Keane on 17 July 2023. The appellant represented himself at the trial.
Immediately following closing addresses the magistrate delivered her oral reasons for decision. Her Honour found the appellant guilty of the charged offence. Her Honour fined the appellant $500 for the offence.
The appellant, who is not legally represented, applies for an extension of time within which to appeal and for leave to appeal against the decision of the magistrate convicting him of the offence.[1]
[1] The application for leave to appeal is made under div 2 of pt 2 of the Criminal Appeals Act 2004 (WA) (CAA). The decision of the magistrate to convict the appellant of the offence is a decision that may be appealed by the appellant: CAA, s 6(c) and s 7(1).
On 18 October 2023 a registrar of this court made an order that the applications for an extension of time within which to appeal and for leave to appeal…
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- Evans v WA Police [2023] WASC 495
- Case
- [2023] WASC 495
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the magistrate's conduct during the trial created a reasonable apprehension of bias and whether the verdict was unreasonable or unsupported by the evidence. The appellant contended that the magistrate's conduct was biased and that the verdict was not warranted by the evidence presented at trial. The court was required to consider the magistrate's conduct and determine if it was such as to give rise to a reasonable apprehension of bias, and if the verdict was open to the magistrate on the evidence presented.
The court found that the magistrate's conduct did not give rise to a reasonable apprehension of bias, and the verdict was both reasonable and supported by the evidence. The magistrate's conduct was reviewed in its entirety, and the court determined that there was no basis for concluding that the magistrate was biased. Furthermore, the court held that the verdict was open to the magistrate based on the evidence presented, and that the appellant's contention that the verdict was unreasonable or unsupported by the evidence was unfounded. As a result, the application for leave to appeal was dismissed.
The court did not grant leave to appeal against the conviction and dismissed the application for an extension of time. The appellant's arguments regarding the magistrate's conduct and the verdict were rejected, and the conviction stood. The court emphasised the importance of the trial process and the role of the magistrate in ensuring a fair trial, and held that the appellant's concerns did not undermine the integrity of the trial or the verdict reached.
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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