Graham Walter Fletcher v Stephen Noel Harris

This matter concerned an appeal to the Court of Appeal of the Australian Capital Territory by Graham Walter Fletcher against a decision of the Chief Justice of the Supreme Court of the Australian Capital Territory. The dispute originated from convictions by the ACT Magistrates Court for failing to leave premises and two charges of obstructing a Commonwealth official, with other charges being dismissed or proven. The Chief Justice had previously set aside the convictions for obstructing a Commonwealth official and the assault charge, but had upheld the finding of guilt for failing to leave premises, substituting a recognisance for a conviction.

The legal issues before the Court of Appeal were whether the Chief Justice erred in admitting and relying upon a transcribed audio recording of the incident when determining the charge of failing to leave premises, and whether the Chief Justice had correctly applied the relevant legislative provisions when imposing a penalty for that offence. The appellant contended that the transcribed evidence was unreliable and inadmissible, while the respondent argued that the Chief Justice’s findings were open to him on the evidence. A further issue arose regarding the correct section of the *Crimes Act* to be applied in relation to the dismissal of the charge upon entering into a recognisance.

The Court of Appeal, comprising Crispin P, Gray and Marshall JJ, dismissed the appeal. The court found that the transcribed evidence was admissible and that the Chief Justice was entitled to rely upon it, as there was ample evidence to support the finding of guilt for failing to leave premises, and the appellant had not positively asserted that he did not make the statements attributed to him. However, the court allowed a cross-appeal, accepting that the Chief Justice had erred by referring to the wrong section of the *Crimes Act*. The court substituted an order for the appellant to be discharged upon entering into a recognisance to be of good behaviour for the remaining period of 12 months, as provided by section 19B of the *Crimes Act 1914* (Cth).