JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: FOX -v- WALKER [2004] WASCA 246
CORAM: JENKINS J
HEARD: 30 SEPTEMBER 2004
DELIVERED : 3 NOVEMBER 2004
FILE NO/S: SJA 1063 of 2004
BETWEEN: KAREN JANE FOX
Appellant
AND
GREGORY STIRLING WALKER
Respondent
ON APPEAL FROM:
Jurisdiction : COURT OF PETTY SESSIONS
Coram :MR JONES SM
File No :MI 6239 of 2004, MI 6240 of 2004, MI 7040 of 2004, MI 7041 of 2004, MI 7042 of 2004, MI 7043 of 2004, MI 7044 of 2004, MI 7045 of 2004, MI 7046 of 2004, MI 7047 of 2004, MI 7048 of 2004, MI 7049 of 2004, MI 7050 of 2004, MI 7051 of 2004
Catchwords:
Criminal law - Appeal from decision of Magistrate - Convictions for receiving and fraud - Circumstantial evidence proving knowledge that relevant goods were stolen - Admissibility of unsigned admissions where formal admissions made about same issues - Honest and reasonable but mistaken belief - Out of court identification
Legislation:
Criminal Code (WA), s 24, s 409, s 409(1)(c), s 414
Evidence Act 1906 (WA), s 32
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: Mr J R Noble
Respondent: Mr J Y Johnston
Solicitors:
Appellant: Jeremy Noble
Respondent: State Director of Public Prosecutions
Case(s) referred to in judgment(s):
Assafiri v Horne [2004] WASCA 40
Chamberlain v The Queen [No 2] (1984) 153 CLR 521
Devries v Australian National Railways Commission (1993) 177 CLR 472
Domican v The Queen (1992) 173 CLR 555
Mathews v The Queen [2001] WASCA 264
McKinney & Judge v The Queen (1990) 171 CLR 468
Palmer v The Queen (1998) 193 CLR 1
R v Higgins (1829) 3 C & P 603
R v Smith [1981] 1 NSWLR 193
R v Soma (2003) 212 CLR 299
Wedd v The Queen [2000] WASCA
Case(s) also cited:
Abalos v Australian Postal Commission (1990) 171 CLR 167
Alexander v The Queen (1981) 145 CLR 395
Calvetti v Warner, unreported; SCt of WA (Owen J); Library No 8960; 4 July 1991
Davies and Cody v The King (1937) 57 CLR 170
Dawson v The Queen (1961) 106 CLR 1
Driscoll v The Queen (1977) 137 CLR 517
Fox v Percy (2003) 214 CLR 118
McWaters v Talbot, unreported; SCt of WA (Scott J); Library No 930359; 24 June 1993
Peacock v The Queen (1911) 13 CLR 619
Proudman v Dayman (1941) 67 CLR 536
R v Gibson (1887) 51 JP 742
R v Kochnieff (1987) 33 A Crim R 1
R v Ollerton (1989) 40 A Crim R 133
JENKINS J:
The Decision under Appeal
This is an appeal from the decision of a learned Stipendiary Magistrate sitting in the Court of Petty Sessions at Midland on 25 May 2004 whereby on complaints numbered 6239, 6240 and 7040 – 7051 of 2004…
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- AGLC
- Fox v Walker [2004] WASCA 246
- Case
- [2004] WASCA 246
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the evidence against Fox, focusing on whether it was direct or circumstantial. The court noted that while the evidence was circumstantial, it was sufficient to establish Fox's knowledge that the goods were stolen, given the totality of the circumstances. The court also considered the admissibility of the unsigned admissions and found that they were properly admitted as they were relevant to the issues in the case, despite the existence of formal admissions about the same issues. Furthermore, the court addressed the issue of the out-of-court identification and concluded that it was reliable, as it was made under satisfactory circumstances and was not influenced by any factors that could have affected its accuracy.
The court of appeal upheld Fox's convictions, finding that the evidence was sufficient to prove his knowledge that the goods were stolen and that the unsigned admissions and out-of-court identification were properly admitted. The court held that Fox's argument that he had an honest and reasonable but mistaken belief that the goods were not stolen was not supported by the evidence. The court also found that the magistrate's decision to admit the unsigned admissions and out-of-court identification was not erroneous, as they were relevant to the issues in the case and their probative value outweighed any prejudicial effect they may have had.
The court of appeal dismissed Fox's appeal and affirmed his convictions for receiving stolen property and fraud. The court found that the evidence against Fox was sufficient to establish his guilt beyond reasonable doubt and that the magistrate's decision to admit the unsigned admissions and out-of-court identification was not erroneous. The court further held that Fox's argument that he had an honest and reasonable but mistaken belief that the goods were not stolen was not supported by the evidence and that it did not provide a valid defence to the charges against him.
Orders
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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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