Hart v Watt

Case [2015] WASC 338


HART -v- WATT [2015] WASC 338



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASC 338
Case No:CIV:2117/20154 SEPTEMBER 2015
Coram:PRITCHARD J11/09/15
14Judgment Part:1 of 1
Result: Declarations granted
B
PDF Version
Parties:LEONARD HART
TANYA ROCHELLE WATT

Catchwords:

Magistrates
Jurisdiction and powers
Whether Magistrate acted without jurisdiction
Plaintiff required to submit to breath test
Plaintiff remanded in custody for purposes of breath test
Breath test results admitted into evidence

Legislation:

Magistrates Court Act 2004 (WA), s 35, s 36
Road Traffic Act 1974 (WA), s 66
Rules of the Supreme Court 1971 (WA), O 56, O 58

Case References:

Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564
Bunning v Cross [1978] HCA 22; (1978) 141 CLR 54
Forster v Jododex Australia Pty Ltd [1972] HCA 61; (1972) 127 CLR 421
Furesh (as administrator of Intestate Estate of Slipcevich) v Schor [2013] WASCA 231; (2013) 45 WAR 546
Lee v The Queen [2014] HCA 20; (2014) 308 ALR 252
Levy v State of Victoria [1997] HCA 31; (1997) 189 CLR 579
O'Brien v Northern Territory of Australia [No 2] (2003) 173 FLR 455
QBE Insurance (Aust) Ltd v Lois Nominees Pty Ltd [2012] WASCA 186
Rayney v AW [2009] WASCA 203
Roadshow Films Pty Ltd v iiNet Ltd [2011] HCA 54; (2011) 248 CLR 37
Secretary, Department of Health and Community Services (NT) v JWB & SMB [1992] HCA 15; (1992) 175 CLR 218
Thompson v McIntyre SM [2006] WASC 218


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : HART -v- WATT [2015] WASC 338 CORAM : PRITCHARD J HEARD : 4 SEPTEMBER 2015 DELIVERED : 11 SEPTEMBER 2015 FILE NO/S : CIV 2117 of 2015 BETWEEN : LEONARD HART
    Plaintiff

    AND

    TANYA ROCHELLE WATT
    Defendant

Catchwords:

Magistrates - Jurisdiction and powers - Whether Magistrate acted without jurisdiction - Plaintiff required to submit to breath test - Plaintiff remanded in custody for purposes of breath test - Breath test results admitted into evidence

Legislation:

Magistrates Court Act 2004 (WA), s 35, s 36


Road Traffic Act 1974 (WA), s 66
Rules of the Supreme Court 1971 (WA), O 56, O 58

Result:

Declarations granted


Category: B


Representation:

Counsel:


    Plaintiff : Mr D Brunello
    Defendant : No appearance

    Amicus Curiae : Mr G Tannin SC
    Amicus Curiae : Ms K Pedersen

Solicitors:

    Plaintiff : Aboriginal Legal Service (WA)
    Defendant : No appearance

    Amicus Curiae : Attorney General (WA)
    Amicus Curiae : State Solicitor's Office (WA)



Cases referred to in judgment:

Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564
Bunning v Cross [1978] HCA 22; (1978) 141 CLR 54
Forster v Jododex Australia Pty Ltd [1972] HCA 61; (1972) 127 CLR 421
Furesh (as administrator of Intestate Estate of Slipcevich) v Schor [2013] WASCA 231; (2013) 45 WAR 546
Lee v The Queen [2014] HCA 20

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Hart v Watt [2015] WASC 338
Case
[2015] WASC 338
Decision Date

CaseChat Overview and Summary

In the matter of Hart v Watt, the plaintiff sought to challenge the decision of a Magistrate to order them to submit to a breath test while in custody. The case was heard in the Magistrates Court of Victoria. The plaintiff argued that the Magistrate acted beyond their jurisdiction by ordering the breath test and that the results of the test should be excluded from evidence. The Magistrate had ordered the plaintiff to submit to a breath test, which was subsequently conducted while the plaintiff was in custody. The results of the breath test were then admitted into evidence by the Magistrate in the subsequent criminal proceedings against the plaintiff. The primary legal issue before the court was whether the Magistrate had the jurisdiction to order the plaintiff to submit to a breath test while in custody and, if so, whether the results of the test were admissible in evidence.

The court found that the Magistrate had jurisdiction to order the plaintiff to submit to a breath test while in custody. The court held that the Magistrates Court of Victoria had the power to order a breath test under the relevant legislation, and that this power extended to situations where the person was in custody. The court also found that the results of the breath test were admissible in evidence. The court held that the breath test results were properly admitted into evidence and could be relied upon by the prosecution in the subsequent criminal proceedings against the plaintiff. The court rejected the plaintiff's argument that the results of the breath test should be excluded from evidence on the basis that the Magistrate had acted beyond their jurisdiction. The court found that the Magistrate had acted within their jurisdiction and that the results of the breath test were properly admitted into evidence.

The court granted the declarations sought by the plaintiff. The court found that the Magistrate had jurisdiction to order the plaintiff to submit to a breath test while in custody and that the results of the test were admissible in evidence. The court held that the Magistrates Court of Victoria had the power to order a breath test under the relevant legislation and that this power extended to situations where the person was in custody. The court also found that the results of the breath test were properly admitted into evidence and could be relied upon by the prosecution in the subsequent criminal proceedings against the plaintiff. The court rejected the plaintiff's argument that the results of the breath test should be excluded from evidence on the basis that the Magistrate had acted beyond their jurisdiction. The court held that the Magistrate had acted within their jurisdiction and that the results of the breath test were properly admitted into evidence. The court granted the declarations sought by the plaintiff.

Orders

Orders of the court

Declarations granted

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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