Gardner v Caporn

Case [2005] WASCA 153


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   GARDNER -v- CAPORN [2005] WASCA 153

CORAM:   STEYTLER P

WHEELER JA
ROBERTS-SMITH JA

HEARD:   9 MAY 2005

DELIVERED          :   12 AUGUST 2005

FILE NO/S:   SJA 1072 of 2003

BETWEEN:   ROBERT CHARLES GARDNER

Appellant

AND

JOHN ROY CAPORN
Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :PULLIN J

Citation  :GARDNER -v- CAPORN [2004] WASCA 14

File No  :SJA 1072 of 2003

Catchwords:

Criminal law - Appeal - Obligation of Magistrate to give reasons - Whether sufficient

Criminal law - Appeal - Assault occasioning bodily harm - Self­defence - Provocation - Honest and reasonable but mistaken belief - Acceptance of appellant's evidence as to events and his perception of threat - Objective elements of statutory "defences" - Whether Magistrate made necessary findings

Criminal law - Appeal - Evidence of appellant's good character - Not mentioned by Magistrate in reasons - Whether error of law

Criminal law - Practice and procedure - Complaint charging a single assault - Whether latent duplicity

Legislation:

Nil

Result:

Leave to appeal granted
Appeal dismissed

Category:    A

Representation:

Counsel:

Appellant:     Mr D Grace QC & Mr A W Buchan

Respondent:     Mr S E Stone

Solicitors:

Appellant:     Hotchkin Hanly

Respondent:     State Director of Public Prosecutions

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

Attwood v The Queen (1960) 102 CLR 353

Carlson v King (1947) 64 WN (NSW) 65

Fleming v The Queen (1998) 197 CLR 250

Gardner v Caporn [2004] WASCA 14

Garrett v Nicholson (1999) 21 WAR 226

Gelavis v Australian Securities and Investments Commission [2003] WASCA 300

Haskett v Police [2005] SASC 174

Johnson v Miller (1937) 59 CLR 467

Lloyd v Faraone [1989] WAR 154

Melbourne v The Queen (1999) 198 CLR 1

Mount Lawley Pty Ltd v Western Australian Planning Commission (2004) 29 WAR 273

Pettitt v Dunkley [1971] 1 NSWLR 376

R v Courtney‑Smith (No 2) (1990) 48 A Crim R 49

R v Eades (1991) 57 A Crim R 151

R v F, unreported; CCA SCt of NSW; 28 October 1996

R v Giretti (1986) 24 A Crim R 112

R v Morrow and Flynn [1991] 2 Qd R 309

R v Nevermann (1989) 43 A Crim R 347

R v Rippingale (1999) 109 A Crim R 304

R v Telfer (2004) 142 A Crim R 132

R v Trimboli (1979) 21 SASR 577

R v Xu Dong Chen, unreported; SCt of Qld; 21 October 1997

S v The Queen (1989) 168 CLR 266

Smith v The Queen (1992) 7 WAR 527

Stanton v Abernathy (1990) 19 NSWLR 656

Stewart v The King (1921) 29 CLR 234

Stratis v Police, unreported; SCt of SA; No 6886; 7 October 1998

Taylor v The Queen, unreported; CCA SCt of Tas; 19 February 1997

Vrisakis v Australian Securities Commission (1993) 9 WAR 395

Walsh v Tattersall (1996) 188 CLR 77

Case(s) also cited:

Abalos v Australian Postal Commission (1990) 171 CLR 167

Calvetti v…

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Gardner v Caporn [2005] WASCA 153
Case
[2005] WASCA 153
Decision Date

CaseChat Overview and Summary

The case of Gardner v Caporn was heard in the Court of Criminal Appeal, where the appellant, Gardner, sought to appeal his conviction and sentence for assault occasioning bodily harm. The trial in the lower court was presided over by a Magistrate who found Gardner guilty and sentenced him accordingly. Gardner's appeal focused on several grounds, including the adequacy of the Magistrate's reasons, the application of self-defence and provocation in the context of an honest and reasonable but mistaken belief, and the objective elements of statutory defences.

The court was tasked with determining whether the Magistrate's reasons were sufficient and whether they appropriately addressed the principles of self-defence and provocation. Additionally, the court needed to assess if the Magistrate made the necessary findings regarding the objective elements of the statutory defences and whether the failure to mention the appellant's good character in the reasons constituted an error of law. The court also considered whether the complaint charging a single assault was indicative of latent duplicity.

In its reasoning, the Court of Criminal Appeal found that the Magistrate's reasons were inadequate in certain respects, particularly in failing to fully address the principles of self-defence and provocation. The court held that the Magistrate should have made explicit findings regarding the objective elements of the statutory defences and that the omission to mention the appellant's good character did not amount to an error of law. The court further concluded that there was no evidence of latent duplicity in the complaint. Ultimately, the appeal was allowed, the conviction was quashed, and a retrial was ordered.

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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