FITAS -v- MASTRANGELO [2015] WASC 285
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 285 | |
| Case No: | SJA:1099/2014 | 24 JULY 2015 | |
| Coram: | PRITCHARD J | 24/07/15 | |
| 12 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal is refused Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | SACHA FITAS JUSTIN BRADLEY MASTRANGELO |
Catchwords: | Criminal law and procedure Appeal against conviction Leave to appeal Whether Magistrate erred in fact Whether Magistrate erred in law Whether reasonable prospect of success Leave to appeal refused Appeal dismissed |
Legislation: | Road Traffic Code 2000 (WA) Criminal Appeals Act 2004 (WA) |
Case References: | Butera v Director of Public Prosecutions (DPP) (Vic) [1987] HCA 58; (1987) 164 CLR 180 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15; (2007) 229 CLR 498 Samuels v The State of Western Australia [2006] WASCA 222 Sekyere-Boakye v Whitney [2013] WASC 147 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Appellant
AND
JUSTIN BRADLEY MASTRANGELO
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE E LANGDON
File No : FR 6305 of 2013
Catchwords:
Criminal law and procedure - Appeal against conviction - Leave to appeal - Whether Magistrate erred in fact - Whether Magistrate erred in law - Whether reasonable prospect of success - Leave to appeal refused - Appeal dismissed
Legislation:
Road Traffic Code 2000 (WA)
Criminal Appeals Act 2004 (WA)
Result:
Leave to appeal is refused
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : In person
Respondent : No appearance
Solicitors:
Appellant : In person
Respondent : State Solicitor for Western Australia
Cases referred to in judgment:
Butera v Director of Public Prosecutions (DPP) (Vic) [1987] HCA 58; (1987) 164 CLR 180
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15; (2007) 229 CLR 498
Samuels v The State of Western Australia [2006] WASCA 222
Sekyere-Boakye v Whitney [2013] WASC 147
- PRITCHARD J:
(This judgment was delivered extemporaneously on 24 July 2015 and has been edited from the transcript.)
1 On 26 November 2014 Mr Fitas was convicted in the Magistrates Court at Fremantle of an offence contrary to reg 11(3) of the Road Traffic Code 2000 (WA). As described in the prosecution notice, the charge was that Mr Fitas drove a vehicle on a road, namely Canning Highway, within a speed zone where the numerals on the restricted sign at the beginning of the speed zone indicated a speed of 60 km per hour. He drove the vehicle at a speed in excess of that shown on the restricted sign, namely 71 km per hour. Following a trial, Mr Fitas was convicted of…
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- Fitas v Mastrangelo [2015] WASC 285
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CaseChat Overview and Summary
The central legal issues before the court were whether the Magistrate had erred in fact or law, and whether there was a reasonable prospect of success on appeal. The court had to examine the evidence presented at the trial and determine if any errors were made that could have influenced the outcome of the case. Additionally, the court needed to assess whether the appeal had a reasonable prospect of success based on the arguments presented.
In considering the appeal, the court found no basis to conclude that the Magistrate had erred in fact or law. The court was satisfied that the evidence was properly considered and that the legal principles applied were correct. The arguments presented by the appellant did not demonstrate a reasonable prospect of success on appeal. Consequently, the court refused leave to appeal and dismissed the appeal, affirming the conviction of the appellant. The decision underscored the rigorous standards required for an appeal to be successful, particularly in relation to matters of fact and the application of law by the original court.
Orders
Orders of the court
Leave to appeal is refused
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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