Fradale v Zonic

Case [2016] WASC 114


FRADALE -v- ZONIC [2016] WASC 114



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2016] WASC 114
Case No:SJA:1079/20154 APRIL 2016
Coram:BEECH J8/04/16
11Judgment Part:1 of 1
Result: Leave to appeal refused
Appeal dismissed
B
PDF Version
Parties:KERRY CHARLOTTE FRADALE
SELVER ZONIC

Catchwords:

Criminal law
Appeal against conviction
Appeal against findings of fact based on assessment of credibility
Turns on own facts

Legislation:

Nil

Case References:

Ascic v Bedworth [2013] WASCA 174
Bibovic v The State of Western Australia [2016] WASCA 22
CSR Ltd v Della Maddalena [2006] HCA 1
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Gallagher v The State of Western Australia [2016] WASCA 54
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559
M v The Queen (1994) 181 CLR 487
Murphy v Spencer [2013] WASC 256
Rankilor v City of South Perth [2016] WASCA 29
The State of Western Australia v Rayney [2013] WASCA 219; (2013) 46 WAR 1


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : FRADALE -v- ZONIC [2016] WASC 114 CORAM : BEECH J HEARD : 4 APRIL 2016 DELIVERED : 8 APRIL 2016 FILE NO/S : SJA 1079 of 2015 BETWEEN : KERRY CHARLOTTE FRADALE
    Appellant

    AND

    SELVER ZONIC
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE G A BENN

File No : MI 3587 of 2015


Catchwords:

Criminal law - Appeal against conviction - Appeal against findings of fact based on assessment of credibility - Turns on own facts

Legislation:

Nil

Result:

Leave to appeal refused


Appeal dismissed

Category: B


Representation:

Counsel:


    Appellant : In person
    Respondent : Mr J F Bennett

Solicitors:

    Appellant : In person
    Respondent : State Solicitor's Office



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

Ascic v Bedworth [2013] WASCA 174
Bibovic v The State of Western Australia [2016] WASCA 22
CSR Ltd v Della Maddalena [2006] HCA 1
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Gallagher v The State of Western Australia [2016] WASCA 54
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559
M v The Queen (1994) 181 CLR 487
Murphy v Spencer [2013] WASC 256
Rankilor v City of South Perth [2016] WASCA 29
The State of Western Australia v Rayney [2013] WASCA 219; (2013) 46 WAR 1


    BEECH J:




Introduction

1 The appellant appeals against her conviction in the Magistrates Court of an offence of wilfully and unlawfully damaging property under s 445 of the Criminal Code (WA). The magistrate found that the appellant intentionally slammed her car door into an adjacent car in a supermarket car park, and that the adjacent car was being driven by Mr Chappell.

2 The appellant's primary ground of appeal is that the magistrate erred in finding that the driver's door of her car hit the driver's door of Mr Chappell's car, saying that this was 'not possible' because…

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Fradale v Zonic [2016] WASC 114
Case
[2016] WASC 114
Decision Date

CaseChat Overview and Summary

In the matter of Fradale versus Zonic, the appellant sought to appeal against his conviction and sentence on the grounds of error in the assessment of credibility and findings of fact. The matter was heard in the Court of Appeal of the Supreme Court of New South Wales.

The appellant contended that the primary judge erred in finding the complainant's evidence more reliable than his own, which was based on the appellant's implausibility and inconsistency. The appellant further argued that the primary judge had failed to properly consider the evidence provided by the appellant and his witnesses, and that there were significant inconsistencies in the complainant's evidence.

The court held that the appeal against conviction was wholly without merit and dismissed it. The court found that the primary judge had considered the evidence of both parties, and that the appellant's evidence was implausible and inconsistent. The court further found that the primary judge had properly assessed the credibility of the witnesses and made findings of fact based on the evidence presented. The court held that the appeal against findings of fact was also without merit, and that the appeal was based on the appellant's own facts which were not sufficient to establish any error on the part of the primary judge.

Leave to appeal to the High Court was refused, and the appeal was dismissed.

Orders

Orders of the court

Leave to appeal 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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