JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: HALIFAX CRANE HIRE PTY LTD -v- AYTON [2023] WASC 16
CORAM: FORRESTER J
HEARD: 30 NOVEMBER 2022
DELIVERED : 2 FEBRUARY 2023
FILE NO/S: SJA 1049 of 2022
BETWEEN: HALIFAX CRANE HIRE PTY LTD
Appellant
AND
LEONA YVONNE AYTON
Respondent
FILE NO/S: SJA 1050 of 2022
BETWEEN: HALIFAX CRANE HIRE PTY LTD
Appellant
AND
LEONA YVONNE AYTON
Respondent
ON APPEAL FROM:
For File No: SJA 1049 of 2022 & SJA 1050 of 2022
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE J ANDRETICH
File Number : BU 1935 of 2020
Catchwords:
Criminal law - Single judge appeal - Appeal against conviction - Whether the verdict of guilty was unreasonable and unsupported by the evidence - Failure to consider reg 1.4 of the Occupational Health and Safety Regulations 1996 in determining whether an offence had been committed against reg 4.54(8) - Whether substantial miscarriage of justice occurred
Criminal law - Appeal against sentence - Whether sentence imposed was manifestly excessive
Legislation:
Occupational Health and Safety Regulations 1996 (WA) (repealed)
Criminal Appeals Act 2004 (WA)
Result:
SJA 1049 of 2022
Leave to appeal refused on ground 1
Leave to appeal granted on ground 3
Appeal allowed
Matter remitted
SJA 1050 of 2020
Leave to appeal refused on all grounds
Appeal dismissed
Representation:
SJA 1049 of 2022
Counsel:
| Appellant | : | K Kumar & I R Gregory |
| Respondent | : | T J Bishop |
Solicitors:
| Appellant | : | Shaddicks Lawyers Pty Ltd |
| Respondent | : | State Solicitor's Office (WA) |
SJA 1050 of 2022
Counsel:
| Appellant | : | K Kumar & I R Gregory |
| Respondent | : | T J Bishop |
Solicitors:
| Appellant | : | Shaddicks Lawyers Pty Ltd |
| Respondent | : | State Solicitor's Office (WA) |
Case(s) referred to in decision(s):
Baiada Poultry Pty Ltd v The Queen [2012] HCA 14; (2012) 246 CLR 92
He Kaw Teh v R [1985] HCA 43; (1985) 157 CLR 523
Head v The State of Western Australia [2020] WASCA 21
Kalbasi v The State of Western Australia [2018] HCA 7; (2018) 264 CLR 62
Lane v The Queen [2018] HCA 28; (2018) 92 ALJR 689
M v The Queen (1994) 181 CLR 487
Morgan v Cramer [2019] WASC 68
NYL v The State of Western Australia [2022] WASCA 41
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Table of Contents
Introduction
The trial
Grounds of appeal against conviction
Ground 1
Ground 3
Application to adduce additional evidence in an appeal
Legal framework
Ground 1
Unreasonable verdict - legal principles
Matters in issue at trial
The evidence
Joseph Anthony
Nicole Maunders
Warren Earle
Michael Brown
Nicola DeMarte
Appellant's submissions in relation to ground 1
Respondent's submissions in relation to ground 1
Disposition of ground 1
Ground 3
Substantial miscarriage of justice?
Appeal against sentence
Conclusion
SJA 1049 of 2022: appeal against conviction
SJA 1050…
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- Case
- [2023] WASC 16
- Decision Date
CaseChat Overview and Summary
The court considered whether the appellant had satisfied its duty to ensure that a licensed rigger or dogger with experience in 70 tonne cranes was involved in the use of the crane. The prosecution submitted that the appellant had not satisfied its duty as it relied on a vague representation made by the builder, rather than seeking confirmation from Gran Designs Pty Ltd or otherwise. The court also considered whether the magistrate's failure to consider regulation 1.4, which sets out the principles of the Act, constituted a substantial miscarriage of justice. The court found that the magistrate did not specifically address the existence and extent of the appellant's duty under regulation 4.54(8), and thus failed to properly direct herself as to an element of the offence.
As the court found that the magistrate failed to properly direct herself as to an element of the offence, the appeal was allowed. The conviction and penalty imposed by the Magistrates' Court of Victoria were quashed, and the matter was remitted to that court for re‑hearing. The appellant was granted leave to file supplementary submissions on the issue of whether a substantial miscarriage of justice had occurred, and the respondent was also granted leave to file supplementary submissions in response. The court did not make any further orders in relation to the appeal.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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