JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: GINN (Dec) -v- WA POLICE [2023] WASC 447
CORAM: HOWARD J
HEARD: ON THE PAPERS (LAST SUBMISSIONS
8 NOVEMBER 23)
DELIVERED : 22 NOVEMBER 2023
FILE NO/S: SJA 1028 of 2023
BETWEEN: JAMIE FREDERICK GINN
Appellant
AND
WA POLICE
Respondent
FILE NO/S: SJA 1031 of 2023
BETWEEN: JAMIE FREDERICK GINN
Appellant
AND
WA POLICE
Respondent
ON APPEAL FROM:
For File No: SJA 1028 of 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE B AYLING
File Number : PE 48334/2022 & PE 48355/2022
For File No: SJA 1031 of 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE M HARRIES
File Number : PE 1368/2022 & PE 22973/2022
Catchwords:
Criminal law - Appeals against conviction where fines imposed by Magistrates Court - Appellant died before appeals were heard - Whether appeals have abated - Appeals abated and dismissed
Legislation:
Criminal Appeals Act 2004 (WA)
Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 (WA)
Result:
Appeals abated and dismissed
Category: B
Representation:
SJA 1028 of 2023
Counsel:
| Appellant | : | Not applicable |
| Respondent | : | J Berson |
| Amicus Curiae | : | Z A Gilders |
Solicitors:
| Appellant | : | Not applicable |
| Respondent | : | State Solicitor's Office |
| Amicus Curiae | : | Z G Law |
SJA 1031 of 2023
Counsel:
| Appellant | : | Not applicable |
| Respondent | : | J Berson |
| Amicus Curiae | : | Z A Gilders |
Solicitors:
| Appellant | : | Not applicable |
| Respondent | : | State Solicitor's Office |
| Amicus Curiae | : | Z G Law |
Case(s) referred to in decision(s):
Bell (dec) v State of Western Australia [2015] WASCA 236
JS v The State of Western Australia [2014] WASCA 177
Perre v R [2023] SASCA 55
Quartermaine v The Queen [2002] WASCA 345
R v Jeffries [1969] 1 QB 120
R v Kearley [1994] 2 AC 414
R v Rowe [1955] 1 QB 573
Sen v R (1991) 30 FCR 173
HOWARD J:
Introduction
By separate Prosecution Notices,[1] the appellant was charged with four offences against s 25(2) of the Criminal Law (Unlawful Consorting and Prohibited Insignia) Act 2021 (WA) (Prohibited Insignia Act).
[1] Dated 28 October 2022 (PE 48334/2022 and 48335/2022); 9 January 2022 (PE 1368/2022); and 10 June 2022 (PE 22973/2022).
That provision provides:
A person commits an offence if the person displays insignia of an identified organisation in a public place.
Following two trials in the Magistrates Court at Perth:
1.on 20 March 2023, the appellant was convicted of one charge (displaying a tattoo of '1%')[2] (First Conviction); and
2.on 28 March 2023, the appellant was convicted of one charge (displaying a tattoo of '1%')[3] (Second Conviction).
[2] Prosecution Notice: PE 48334/2022.
[3] Prosecution Notice: PE 1368/2022.
On the First Conviction, the appellant was fined $750 and ordered to pay costs of $264.30.
On the Second Conviction, the appellant was fined $1,000 with no order as to costs.
Appeal
The appellant had sought to appeal pursuant to the Criminal Appeals Act 2004 (WA):
1.against the First Conviction by SJA 1028 of…
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- Case
- [2023] WASC 447
- Decision Date
CaseChat Overview and Summary
The court considered the relevant provisions of the Criminal Law (Sentencing) Act 1995 and other relevant case law. It was noted that under section 414 of the Act, an appeal against a conviction or a sentence is deemed to be abandoned if the appellant dies before the hearing of the appeal. The court found that the death of the appellant had the effect of abating the appeals, as the appellant could no longer be a party to the proceedings. Consequently, the appeals were dismissed.
Given that the appeals were abated due to the death of the appellant, the court did not proceed to consider the merits of the appeals. Therefore, the appeals were dismissed, and no further orders were made by the court.
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