Happy Cruising Pty Ltd v City of Gosnells

Happy Cruising Pty Ltd, the appellant, lodged an appeal against its conviction of a simple offence under s 218(b) of the Planning and Development Act 2005 (WA). The conviction was entered in the absence of the appellant pursuant to s 55 of the Criminal Procedure Act 2004 (WA) (the CPA). The sole ground of appeal is that the magistrate made an error of law by convicting the appellant in its absence, in circumstances where the magistrate was required, by virtue of s 153 of the CPA, to enter a plea of not guilty and adjourn the matter for trial. The court found that pursuant to s 55 of the CPA, a court may, at the first or any subsequent court date, hear and determine a charge of a simple offence against a corporation which has been validly served with a compliant court hearing notice or approved notice, if the corporation fails to appear by a representative appointed under s 152 in answer to the charge and has not entered a written plea pursuant to s 154. Where an accused corporation fails to appear on a charge of a simple offence, and has not entered a plea under s 154, a plea of not guilty must be entered on behalf of the corporation pursuant to s 153(3)(b). However, there is no requirement that the matter must then be adjourned pursuant to s 60(5)(c), regardless of whether the corporation has appointed a representative pursuant to s 152, and the court is entitled to deal with the matter in accordance with s 55(2)(b) of the CPA. The court would grant leave to appeal but dismiss the appeal.