Haynes v Hughes

Case [2001] WASCA 146


HAYNES -v- HUGHES [2001] WASCA 146



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 146
Case No:SJA:1232/20003 APRIL 2001
Coram:ROBERTS-SMITH J9/05/01
40Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:ROGER HAYNES
PETER LINDSAY FOSTER HUGHES

Catchwords:

Appeal
Justices Act 1902 (WA)
Dismissal of charge
Using computer service to obtain possession of objectionable material
Evidence
Whether  Magistrate made error of fact or law
Principles
Criminal law
Using computer service to obtain possession of objectionable material
Meaning of "obtain possession"
Meaning of requirement that prosecution prove computer service used to obtain possession
Evidence
Expert evidence
Failure to give reasons for rejecting expert evidence
Whether error of law
Whether Magistrate rejected expert evidence

Legislation:

Censorship Act 1996 (WA), s 101(1)
Justices Act 1902 (WA), s 199

Case References:

Apand Pty Ltd v Kettle Chip Co Pty Ltd (1994) 52 FCR 474
Atholwood v The Queen (2000) 110 A Crim R 417
Chambers v Jobling (1986) 7 NSWLR 1
Davis v The Queen (1990) 5 WAR 269
Flannery v Halifax Estate Agencies [2000] 1 All ER 373
Moylan & Ors v Nutrasweet Co & Ors [2000] NSWCA 337 (unreported) BC 200007222, 24 November 2000
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) (1999) 73 ALJR 306
Voulis v Kozary (1975) 50 ALJR 59
Vrisakis v Australian Securities Commission (1993) 9 WAR 395

Daniels v Burfield (1994) 125 ALR 33
Devries v Australian National Railways Commission (1992-93) 177 CLR 472

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : HAYNES -v- HUGHES [2001] WASCA 146 CORAM : ROBERTS-SMITH J HEARD : 3 APRIL 2001 DELIVERED : 9 MAY 2001 FILE NO/S : SJA 1232 of 2000 BETWEEN : ROGER HAYNES
    Appellant

    AND

    PETER LINDSAY FOSTER HUGHES
    Respondent



Catchwords:

Appeal - Justices Act 1902 (WA) - Dismissal of charge - Using computer service to obtain possession of objectionable material - Evidence - Whether Magistrate made error of fact or law - Principles



Criminal law - Using computer service to obtain possession of objectionable material - Meaning of "obtain possession" - Meaning of requirement that prosecution prove computer service used to obtain possession

Evidence - Expert evidence - Failure to give reasons for rejecting expert evidence - Whether error of law - Whether Magistrate rejected expert evidence


Legislation:

Censorship Act 1996 (WA), s 101(1)


Justices Act 1902 (WA), s 199

(Page 2)

Result:

Appeal dismissed

Representation:


Counsel:


    Appellant : Ms J C Pritchard
    Respondent : Mr A O Karstaedt


Solicitors:

    Appellant : State Crown Solicitor
    Respondent : Max Crispe


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

Apand Pty Ltd v Kettle Chip Co Pty Ltd (1994) 52 FCR 474
Atholwood v The Queen (2000) 110 A Crim R 417
Chambers v Jobling (1986) 7 NSWLR 1
Davis v The Queen (1990) 5 WAR 269
Flannery v Halifax Estate Agencies [2000] 1 All ER 373
Moylan & Ors v Nutrasweet Co & Ors [2000] NSWCA 337 (unreported)…

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Details
AGLC
Haynes v Hughes [2001] WASCA 146
Case
[2001] WASCA 146
Decision Date

CaseChat Overview and Summary

The appellant, Haynes, was charged with using a computer service to obtain possession of objectionable material contrary to section 228D(1) of the Criminal Code (WA). The case was heard and dismissed by a Magistrate in the Magistrates Court of Western Australia, with the decision subsequently appealed to the Supreme Court of Western Australia. The appeal was brought under section 10 of the Justices Act 1902 (WA). The primary issue before the court was whether the Magistrate erred in fact or in law when dismissing the charge against Haynes. Specifically, the court had to determine the correct interpretation of the phrase "obtain possession" in the context of using a computer service to obtain objectionable material, and whether the prosecution adequately proved that Haynes used a computer service to obtain possession of the material. Additionally, the court examined whether the Magistrate made an error of law by rejecting expert evidence without providing reasons, and if such rejection constituted a significant error in the proceedings.

The Supreme Court examined the evidence and arguments presented, including expert evidence that was crucial to understanding the technical aspects of the case. The court noted that the term "obtain possession" in the statute was not defined and required an interpretation based on the ordinary meaning of the words. The court concluded that the term encompassed not only the physical or manual taking of possession but also included the act of accessing and causing the objectionable material to be displayed or stored on a device under the control of the accused. The court found that the prosecution had met its burden of proving that Haynes used a computer service to obtain possession of objectionable material, as the evidence showed Haynes had knowingly accessed and caused the material to be stored on his device. Furthermore, the court held that the Magistrate's failure to provide reasons for rejecting the expert evidence did not amount to an error of law that would warrant a retrial. The Supreme Court found no basis for allowing the appeal and dismissed it.

Consequently, the appeal was dismissed, and the original decision of the Magistrate was upheld. The court's interpretation of "obtain possession" and its assessment of the evidence led to the conclusion that the prosecution had successfully proven the charge against Haynes. The Supreme Court did not find any significant error in the Magistrate's handling of the expert evidence, and therefore, the appeal was without merit.

Orders

Orders of the court

Appeal dismissed

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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