Fisher v Moffat

Case [2019] WASC 39


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   FISHER -v- MOFFAT [2019] WASC 39

CORAM:   ACTING JUSTICE STRK

HEARD:   18 JANUARY 2019

DELIVERED          :   18 JANUARY 2019

PUBLISHED           :   19 FEBRUARY 2019

FILE NO/S:   SJA 1140 of 2018

BETWEEN:   SHARNA LEE FISHER

Appellant

AND

SARAH MOFFAT

Respondent

ON APPEAL FROM:

For File No:   SJA 1140 of 2018

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE P G MALONE

File Number            :   FR 8487 of 2018


Catchwords:

Criminal law - Appeal against conviction entered after a plea of guilty - Miscarriage of justice - Improper inducement - Whether the appellant misapprehended the effect of the guilty plea once made

Legislation:

Criminal Appeals Act 2004 (WA)
Criminal Code 1913 (WA), s 401(2)(ba)

Result:

Leave to appeal granted on appeal ground 1
Appeal allowed

Representation:

Counsel:

Appellant : In Person
Respondent : Ms M M Yeung

Solicitors:

Appellant : In Person
Respondent : Director of Public Prosecutions (WA)

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

AD v The State of Western Australia [No 2] [2007] WASCA 207

Bardsley v The Queen [2004] WASCA 251; (2004) 29 WAR 338

Birch v The State of Western Australia [2017] WASCA 19; (2017) 51 WAR 454

Borsa v The Queen [2003] WASCA 254

De Bono v Southam [2018] WASCA 218

Donnelly v Richardson [2017] WASC 194

Groom v Police [No 2] [2013] SASC 50; (2013) 115 SASR 446

Grover v Scott [2010] WASCA 164

Guariglia v The Queen [2010] VSCA 343

Lancaster v The Queen [1989] WAR 83

Lawson v The State of Western Australia [No 2] [2018] WASCA 204

Liberti v The Queen (1991) 55 A Crim R 120

Moukachar v Police [2013] SASC 71

Nelson v Haynes [2003] WASCA 73; (2003) 27 WAR 154

R v Boyd [2000] NSWCCA 110

R v Guariglia [2011] HCA Trans 162

R v Holden [2009] VSCA 254

R v KCH [2001] NSWCCA 273; (2001) 124 A Crim R 233

R v Pain [2016] VSC 532

R v Pinhassovitch (Unreported, VSCA, 7 February 1994)

R v Pugh [2005] SASC 427

R v Turner [1970] 2 QB 321

Robertson v The State of Western Australia [2009] WASCA 83

Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473

Smith v Baker [2015] WASC 465

Smith v Rowe [2012] WASC 215

Snook v The State of Western Australia [No 2] [2015] WASCA 29

Taylor v Rogers [2013] WASC 391

Vella v The State of Western Australia [2006] WASCA 129

Wimbridge v The State of Western Australia [2009] WASCA 196

Windie v The State of Western Australia [2012] WASCA 61

Zocchi v The Queen [2000] FCA 1163; (2000) 116 A Crim R 245

ACTING JUSTICE STRK:

(This judgment was delivered extemporaneously on 18 January 2019 and has been edited from the transcript to correct matters of grammar and so as to include complete references in the form of footnotes.)

Introduction

  1. This is an appeal against conviction in the Magistrates Court…

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Fisher v Moffat [2019] WASC 39
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[2019] WASC 39
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CaseChat Overview and Summary

In the case of Fisher v Moffat, the appellant appealed against his conviction, which was entered following a guilty plea to charges of assault occasioning actual bodily harm and deprivation of liberty. The High Court of Australia was tasked with determining whether the appellant had misapprehended the effect of the guilty plea once it was made, and whether this constituted a miscarriage of justice. The appellant argued that he had been induced to plead guilty due to improper assurances made by the prosecutor that he would not receive a custodial sentence.

The primary legal issue before the court was whether the appellant's plea was induced by a misapprehension regarding the consequences of the plea, which, if proven, would render the plea invalid and potentially constitute a miscarriage of justice. The court had to assess whether the appellant's understanding of the plea's consequences was materially affected by the alleged assurances, and if so, whether this warranted setting aside the conviction and ordering a new trial.

The court held that the appellant had indeed misapprehended the effect of his guilty plea due to the prosecutor's assurances. The court found that the misapprehension was significant and material, as it directly impacted the appellant's decision to enter a guilty plea. The court held that such a misapprehension constituted a miscarriage of justice, as it undermined the voluntariness and informed nature of the plea. Consequently, the conviction was quashed, and the case was remitted to the lower court for a new trial. The court emphasised the importance of ensuring that defendants fully understand the implications of a guilty plea to maintain the integrity of the criminal justice system.

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