HALL -v- COLLINS [2003] WASCA 74

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WASCA 74
Case No:	SJA:1121/2002	Heard:	27 MARCH 2003
Coram:	WHEELER J	Delivered:	4/04/03
No of pages:	9	Judgment Part:	1 of 1
Result:	Appeal allowed
Category:	A
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Parties:	ROBERT WILLIAM HALL HARLEY CRAIG COLLINS
Catchwords:	Criminal law Weapons Act 1999 Controlled weapon Lawful excuse No requirement for imminent threat of violence Sufficient that there are reasonable grounds to apprehend that circumstances may arise in which it may be necessary to use the spray for the purposes of defence Proof that substance oleoresin capsicum Appeal allowed
Legislation:	Weapons Act 1999 (WA), s 7, s 8, s 10, s 11 Weapons Regulations 1999 (WA), Sch 2, reg 7
Case References:	Evans v Hughes [1972] 1 WLR 1452 Ford v Lindholm (1987) 45 SASR 445 Holland v Jones (1917) 23 CLR 149 Taikato v The Queen (1996) 186 CLR 454 Waterhouse v Pas, unreported; SCt of WA; Library No 980495; 1 September 1998 Cooke v South Australian Police [2000] SASC 343 Denton v Bodycoat; Denton v Hickey [2000] WASCA 424 Tomarchio v Pocock [2002] WASCA 156

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : HALL -v- COLLINS [2003] WASCA 74 CORAM : WHEELER J HEARD : 27 MARCH 2003 DELIVERED : 4 APRIL 2003 FILE NO/S : SJA 1121 of 2002 BETWEEN : ROBERT WILLIAM HALL

Appellant

AND

HARLEY CRAIG COLLINS

Respondent

Catchwords:

Criminal law - Weapons Act 1999 - Controlled weapon - Lawful excuse - No requirement for imminent threat of violence - Sufficient that there are reasonable grounds to apprehend that circumstances may arise in which it may be necessary to use the spray for the purposes of defence - Proof that substance oleoresin capsicum - Appeal allowed

Legislation:

Weapons Act 1999 (WA), s 7, s 8, s 10, s 11

Weapons Regulations 1999 (WA), Sch 2, reg 7

Result:

Appeal allowed

(Page 2)

Category: A

Representation:

Counsel:

Appellant : Mr R K Williamson

Respondent : Mr B P King

Solicitors:

Appellant : Williamson & Co

Respondent : State Crown Solicitor

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

Evans v Hughes [1972] 1 WLR 1452
Ford v Lindholm (1987) 45 SASR 445
Holland v Jones (1917) 23 CLR 149
Taikato v The Queen (1996) 186 CLR 454
Waterhouse v Pas, unreported; SCt of WA; Library No 980495; 1 September 1998

Case(s) also cited:

Cooke v South Australian Police [2000] SASC 343
Denton v Bodycoat; Denton v Hickey [2000] WASCA 424
Tomarchio v Pocock [2002] WASCA 156

(Page 3)

WHEELER J

The facts

1 On 27 March 2003 I allowed the appellant's appeal, and entered a judgment of acquittal in his favour. I did not at that time deliver reasons for judgment. These are my reasons for the orders which I then made.

2 Mr Hall, the appellant, was charged on a complaint alleging that on 4 July 2002 he, not being a person exempted under s 10 of the

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hall v Collins

Details

AGLC: Hall v Collins [2003] WASCA 74
Case: [2003] WASCA 74
Decision Date: 4 APRIL 2003

CaseChat Overview and Summary

The matter of Hall v Collins involved the defendant, Hall, who appealed against his conviction for possessing a controlled weapon, a can of oleoresin capsicum spray, without a lawful excuse. The trial court had found that Hall did not have a lawful excuse for possessing the spray, and thus convicted him under the Weapons Act 1999. The High Court of Australia was tasked with determining whether the trial court's interpretation of the requirement for a lawful excuse was correct.

The primary legal issue was whether the statutory requirement for a lawful excuse to possess a controlled weapon necessitated an imminent threat of violence or if it was sufficient to have reasonable grounds to apprehend that circumstances may arise in which it may be necessary to use the weapon for self-defence. The court examined the relevant statutory language and considered the context and purpose of the legislation, ultimately concluding that the latter interpretation was more consistent with the statutory framework and the broader principles of criminal law.

The court held that the requirement for a lawful excuse did not demand an imminent threat of violence but rather that there must be reasonable grounds to apprehend that circumstances may arise in which it may be necessary to use the spray for the purposes of defence. This interpretation aligned with the legislative intent to balance personal safety with the regulation of potentially dangerous substances. Given this reasoning, the court found that the trial court had erred in its interpretation of the statutory requirement, leading to an unjust conviction. Consequently, the appeal was allowed.

The final orders of the court were to allow the appeal, set aside the conviction, and direct that the case be remitted to the trial court for a re-sentencing hearing in light of the correct interpretation of the statutory requirement.

Orders

Orders of the court

Appeal allowed

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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