Hall v Police - [1999] SASC 197

HALL V POLICE

[1999] SASC 197

Magistrate’s Appeal

LANDER J. The appellant was charged on two complaints. He was charged on the first complaint on 6 September 1997 with using offensive language in a police station. He pleaded guilty to that offence. He was charged with four further offences which were said to have been committed on the same day.
That he assaulted Garry Robert George Griffiths, a member of the police force, in the execution of his duty.

Resisted Garry Robert George Griffiths, a member of the police force, in the execution of his duty.

Drove a vehicle, namely a camel, on roads namely Shepherds Hole Track and the Common whilst he was so much under the influence of intoxicating liquor as to be incapable of exercising effective control of the said vehicle.

Drove a vehicle, namely a camel wagon on roads namely Shepherds Hole Track and the Common whilst he was so much under the influence of intoxicating liquor as to be incapable of exercising effective control of the said vehicle.

He pleaded not guilty to all four charges on that second complaint and, in due course, the learned Chief Magistrate dismissed counts three and four. In fact he found no case to answer in respect of count three and dismissed count four after the completion of the defendant’s case.
However, the learned Chief Magistrate found counts one and two proven.
Without proceeding to conviction on count one he ordered the appellant to enter into a bond in the amount of $100 to be of good behaviour for a period of twelve months.
The learned Chief Magistrate dismissed the offence to which the appellant pleaded guilty without recording a conviction or entering a penalty.
The learned Chief Magistrate rejected the appellant’s application for costs in relation to the dismissal of counts three and four on the second complaint.

The Notice Of Appeal

In the appellant’s notice of appeal only two grounds of appeal were raised. They were:
“(a).. The finding of the learned Chief Magistrate as to guilt was against the evidence and the weight of the evidence in that he erred when finding there was corroboration for the prosecution witness, Sergeant Gary Griffiths’ evidence in the evidence Carmel Stapleton:
(b) Such further or other grounds of appeal in respect of a finding of guilt will be provided upon the advice of counsel.”
Subsequently the appellant filed amended grounds of appeal:
“1..... The Learned Chief Magistrate erred in refusing to award the Appellant his costs to the extent that he was successful in obtaining the dismissal of the Drink Driving charges.
2.The Learned Chief Magistrate erred in accepting the evidence of the witness, Stapleton, as corroboration of Sergeant Griffiths in that:-
2.1She stated in cross-examination that she could not really see whether the Appellant was tapping Sergeant Griffiths on the shoulder to get his attention or whether the Appellant pushed Sergeant Griffiths;
2.2The witness Stapleton further stated that she was too far away from them and could not…

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 Police

Details

AGLC: Hall v Police [1999] SASC 197
Case: [1999] SASC 197
Decision Date: 25 May 1999

CaseChat Overview and Summary

In Hall v Police, the appellant, Hall, appealed against the conviction and sentence imposed by the Chief Magistrate on two counts of an information laid against him. The appellant had been found guilty of assaulting a police officer in the execution of his duty and resisting a police officer in the execution of his duty. The appellant had been acquitted of two other charges of driving a camel wagon whilst affected by alcohol and driving a camel wagon whilst affected by alcohol. The appellant appealed on the basis that the learned Chief Magistrate erred in finding him guilty of assaulting and resisting the police officer and in failing to award him costs in relation to the dismissed charges. Lander J found that the appeal should be dismissed. The evidence established that the appellant was intoxicated, behaving out of character, and caused the events that led to his arrest. The Chief Magistrate was correct in finding the appellant guilty of assaulting and resisting the police officer. The Chief Magistrate did not err in refusing to award the appellant costs in relation to the dismissed charges as the appellant was not acquitted of all of the charges and was found guilty of two of them.

Orders