Hatty v Pilkinton (No 2)

Case [1992] FCA 307


Re: FREDERICK GORDON HATTY
And: STUART HEARNE PILKINTON
No. ACT G41 of 1990
FED No. 307
Criminal Law
(1992) 108 ALR 149
(1992) 61 A Crim R 345

COURT

IN THE FEDERAL COURT OF AUSTRALIA


AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
Black C.J.(1), Neaves(2) and Spender(3) JJ.
CATCHWORDS

Criminal law - Offences relating to the administration of justice - common law - attempt to pervert the course of justice - elements of offence - mens rea - whether legal practitioner representing client in court under false name guilty of offence - bona fide belief in ethical correctness of conduct.

R v Vreones (1891) 1 QB 360, applied.

R v Kellett (1976) QB 372, applied.

R v Thomas (1979) QB 326, considered.

R v Selvage (1982) QB 372, applied.

R v Murray (1982) 1 WLR 475, applied.

R v Doz (1984) 12 CCC (3d) 200, considered.

R v Murphy (1985) 158 CLR 596, followed.

R v Freeman (1985) 3 NSWLR 303, applied.

R v Sinclair (1989) 44 A Crim R 449, considered.

HEARING

CANBERRA

#DATE 22:5:1992

Counsel for the appellant: Mr G. Morrish QC with Mr R. Webster

Solicitors for the Appellant: Director of Public Prosecutions

Counsel for the respondent: Mr T.E.F. Hughes QC with Mr S.F.C. Wilcox

Solicitor for the respondent: Abbott Tout Russell Kennedy

ORDER

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The order made by Foster J. on 23 July 1990, entering a judgment of acquittal in respect of the respondent, be set aside, and in lieu thereof -

3. The decision of Magistrate Ward on 15 September 1989 to convict the respondent be restored.

4. The matter be remitted to the Supreme Court of the Australian Capital Territory for consideration of penalty.

5. There be no order as to costs.

JUDGE1

This is an appeal from an order of the Supreme Court of the Australian Capital Territory allowing an appeal by the respondent, Stuart Hearne Pilkinton, against his conviction in the Magistrates Court of the Australian Capital Territory for the common law offence of attempting to pervert the course of justice.

  1. The respondent objected to the competency of the appeal but that objection was dismissed: Hatty v Pilkinton (1991) 28 FCR 352; 99 ALR 695.

  2. The appeal to the Supreme Court of the Australian Capital Territory was conducted on the transcript of the oral evidence and on the documentary material that had been placed before the Magistrates Court; no additional evidence was placed before the Supreme Court.

  3. I begin by setting out the facts found by the judge on the appeal to the Supreme Court. His Honour found that Mr Pilkinton appeared as a solicitor for one Dorothy Camilleri before the Magistrates Court, Canberra, on 12 January 1988 and announced a plea of guilty on his client's behalf to a charge of driving a motor vehicle whilst having a blood alcohol level above the prescribed limit.

  4. The defendant was not charged under her real…

Continue reading Hatty v Pilkinton (No 2)

Sign in free to access the full text

Details
AGLC
Hatty v Pilkinton (No 2) [1992] FCA 307
Case
[1992] FCA 307
Decision Date

CaseChat Overview and Summary

In the case of Hatty v Pilkinton, the appellant sought to appeal a decision made by Foster J. in the Supreme Court of the Australian Capital Territory, which had set aside a conviction by Magistrate Ward for the respondent, who was a legal practitioner, on charges of attempting to pervert the course of justice. The conviction arose from the respondent's representation of a client in court under a false name, a conduct the respondent believed to be ethically correct. The central issue for the court was whether the respondent's actions constituted the common law offence of attempting to pervert the course of justice, focusing on the necessary mens rea for such an offence.

The court had to determine if the respondent's belief in the ethical correctness of his actions could negate the required intent to pervert the course of justice. The court examined the elements of the offence, particularly the mens rea, and the legal standards for what constitutes an attempt to pervert the course of justice. The court found that the respondent's actions, irrespective of his belief in their ethical correctness, demonstrated the necessary intent to pervert the course of justice. This was because the act of knowingly using a false name in court was inherently an attempt to influence the judicial process improperly.

The court concluded that the respondent's conviction should be reinstated as the evidence demonstrated the requisite mens rea for the offence. The appeal was allowed, and the matter was remitted to the Supreme Court of the Australian Capital Territory for consideration of an appropriate penalty. The court also noted that no order regarding costs was made.

Orders

Orders of the court

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The order made by Foster J. on 23 July 1990, entering a judgment of acquittal in respect of the respondent, be set aside, and in lieu thereof -

3. The decision of Magistrate Ward on 15 September 1989 to convict the respondent be restored.

4. The matter be remitted to the Supreme Court of the Australian Capital Territory for consideration of penalty.

5. There be no order as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.