JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
CITATION: GLOVER -v- REYNE [2001] WASCA 305
CORAM: ROBERTS-SMITH J
HEARD: 27 SEPTEMBER 2001
DELIVERED : 4 OCTOBER 2001
FILE NO/S: SJA 1037 of 2001
SJA 1041 of 2001
BETWEEN: IAN NEIL GLOVER
Appellant
AND
BRETT NICHOLAS REYNE
Respondent
Catchwords:
Criminal law - Appeal against conviction under Justices Act 1902 (WA) - Possession of firearms without a licence - Pleas of guilty - Defendant unaware of possible defence - Exemption for family members of primary producer where firearm used for destruction of vermin - Whether miscarriage of justice
Legislation:
Firearms Act 1973 (WA), s 8(1)(i)(i)
Result:
Appeal allowed
Category: B
Representation:
Counsel:
Appellant: Mr R K Williamson
Respondent: Mr J F O'Sullivan
Solicitors:
Appellant: Williamson & Co
Respondent: State Crown Solicitor
Case(s) referred to in judgment(s):
Gallagher v The Queen (1985‑1986) 160 CLR 392
Green v The Queen [2001] WASCA 162
Hallahan v Campbell; Ex parte Campbell (No 2) [1964] Qd R 337
Horsman v Bishop [2000] WASCA 316
Lamb v Clews (1989) 10 MVR 465
Lutter v Davis (1992) 7 WAR 72
Minear v Rudrum [2001] WASCA 10
Nutall v The Queen, unreported; CCA SCt of WA; Library No 920090; 26 February 1992
Price v Davies [2001] WASCA 81
R v Grevell (1977) 6 A Crim R 78
R v Kelly (Junior) (1980) 6 A Crim R 111
R v Risteviski (1989) 39 A Crim R 11
Ratten v The Queen (1974) 131 CLR 510
Slater v Marshall [1965] WAR 222
Thomason v Martin [1964] WAR 136
Williams v Beverly (1998) 103 A Crim R 326
Case(s) also cited:
Duffield v The Queen, unreported; CCA SCt of WA; Library No 950065; 14 February 1995
Liberti v The Queen (1991) 55 A Crim R 120
Maxwell v The Queen (1996) 184 CLR 501
Meissner v The Queen (1994-1995) 184 CLR 132
Pilkington v The Queen (1955) Tas R 144
R v Lucas (1908) 1 Crim App R 61
ROBERTS-SMITH J: On 15 August 2000 the appellant pleaded guilty in the Geraldton Court of Petty Sessions to two offences of being in possession of firearms without a licence contrary to s 19(1)(c) of the Firearms Act 1973 (WA).
On each, he was convicted and fined $250 and ordered to pay costs of $38.
For a further offence of failing to store the firearms in a proper safe cabinet, he was fined $200 with costs of $38.
By application dated 30 March 2001, the appellant sought an extension of time in which to appeal and leave to appeal.
Both of those applications were granted by Templeman J on 1 June 2001. The grounds upon which leave was granted to appeal and upon which the appeal is now brought are:
"(a)The applicant pleaded guilty pursuant to a mistake of law, namely, that he did not have a defence to the charges.
(b)In fact he does have a defence to the charges,…
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- AGLC
- Glover v Reyne [2001] WASCA 305
- Case
- [2001] WASCA 305
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to address were whether the appellant's unawareness of the possible defence constituted a miscarriage of justice, and whether the exemption for family members of primary producers where the firearm is used for the destruction of vermin should have been raised by the appellant's legal representative. The court needed to determine whether the appellant's lack of knowledge of the possible defence constituted a miscarriage of justice and whether the appellant's legal representative should have raised the exemption for family members of primary producers where the firearm is used for the destruction of vermin.
The court found that the appellant's unawareness of the possible defence did not constitute a miscarriage of justice. The court held that the appellant's legal representative was not obligated to raise the exemption for family members of primary producers where the firearm is used for the destruction of vermin. The court found that the appellant's unawareness of the possible defence did not result in a miscarriage of justice, and that the appellant's legal representative was not obligated to raise the exemption for family members of primary producers where the firearm is used for the destruction of vermin. Consequently, the court dismissed the appeal.
No further orders were made by the court. The court held that the appellant's unawareness of the possible defence did not constitute a miscarriage of justice, and that the appellant's legal representative was not obligated to raise the exemption for family members of primary producers where the firearm is used for the destruction of vermin. The court dismissed the appeal and made no further orders.
Orders
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Background
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Decision
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