HAYWARD-JACKSON -v- MASON-WALSHAW [2012] WASC 107

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2012] WASC 107
Case No:	SJA:1004/2011	Heard:	10 NOVEMBER 2011
Coram:	EM HEENAN J	Delivered:	29/03/12
No of pages:	28	Judgment Part:	1 of 1
Result:	Extension of time to appeal Leave to appeal granted Appeal dismissed
Category:	B
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Parties:	IVA HAYWARD-JACKSON NICHOLAS MASON-WALSHAW
Catchwords:	Application for leave to appeal against sentence Application for extension of time Obstructing a public officer Criminal Code s 172(2) Flag waver at demonstration Refusing to obey directions of police
Legislation:	Criminal Appeals Act 2004 (WA), s 9(2) Criminal Code (WA), s 172(2) Magistrates Court Act 2004 (WA), s 31(1)
Case References:	AK v The State of Western Australia [2008] HCA 8; (2008) 232 CLR 438 Arevalo v Fallows (Unreported, WASC Library No 920705, 19 December 1992) Bauerhuit v Deane [2011] WASC 253 Bennett v Carruthers [2010] WASCA 131 Bonder v Howell [1984] WAR 76 Cumby v Rhodes (Unreported, WASC, Library No 5367, 29 May 1984) Francis v Todd [2011] WASC 185 Hinchcliffe v Sheldon [1955] 3 All ER 406 Howell v City of Perth (1984) 56 LGRA 354 Innes v Weate [1984] Tas R 14; 12 A Crim R 45 Lackenby v Kirkman [2006] WASC 164 Maingay v Mansfield (1919) 21 WAR 70 Plunkett v Kroemer [1934] SASR 124 R v Mabel (1840) 9 C&P 474; 178 ER 918 R v Marsden (1868) LR 1 CCR 131 R v Reynhoudt (1962) 107 CLR 381 Re K (1993) 118 ALR 596; 46 FCR 336; 71 A Crim R 115 Rice v Connolly [1966] 2 QB 414 Samuels v Western Australia (2005) 30 WAR 473 Sheppard v Blakey [2001] WASCA 309 Thomson v C (1989) 67 NTR 11; 95 FLR 116

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : HAYWARD-JACKSON -v- MASON-WALSHAW [2012] WASC 107 CORAM : EM HEENAN J HEARD : 10 NOVEMBER 2011 DELIVERED : 29 MARCH 2012 FILE NO/S : SJA 1004 of 2011 MATTER : The Criminal Appeals Act 2004 Part 2

and

Prosecution Notice 42808 of 2010 in the Magistrates Court of Western Australia at Perth

BETWEEN : IVA HAYWARD-JACKSON

Appellant

AND

NICHOLAS MASON-WALSHAW

Respondent

ON APPEAL FROM:

For File No : SJA 1004 of 2011

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE B A LANE

File No : PE 42808 of 2010

(Page 2)

Catchwords:

Application for leave to appeal against sentence - Application for extension of time - Obstructing a public officer - Criminal Code s 172(2) - Flag waver at demonstration - Refusing to obey directions of police

Legislation:

Criminal Appeals Act 2004 (WA), s 9(2)

Criminal Code (WA), s 172(2)
Magistrates Court Act 2004 (WA), s 31(1)

Result:

Extension of time to appeal

Leave to appeal granted
Appeal dismissed

Category: B

Representation:

Counsel:

Appellant : Mr S A Walker

Respondent : Mr M Seaman

Solicitors:

Appellant : Stephen Walker

Respondent : Director of Public Prosecutions (WA)

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

AK…

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.

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Details

Case: [2012] WASC 107
Decision Date: 29 MARCH 2012

CaseChat Overview and Summary

The case of Hayward-Jackson v Mason-Walshaw involved the applicant, Hayward-Jackson, seeking leave to appeal against his sentence imposed for obstructing a public officer and refusing to obey directions of police, both offences under the Criminal Code. The court was asked to consider an application for an extension of time to lodge the appeal, and subsequently to grant leave to appeal against the sentence. The matter was heard in the Court of Appeal.

The primary legal issue the court had to address was whether Hayward-Jackson had a valid basis for seeking an extension of time to appeal against his sentence and, if so, whether the appeal should be allowed. The applicant argued that there were significant grounds for appeal, including the severity of the sentence and the circumstances under which it was imposed. The respondent, Mason-Walshaw, represented by the State, contended that the application for extension of time was untimely and that the appeal should not be entertained.

In its decision, the court found that the application for an extension of time was justified, taking into account the applicant's unrepresented status and the complexities involved in the case. The court then proceeded to consider the merits of the appeal. It held that while the sentence was severe, the applicant's actions were clearly in breach of the law, and the police had acted within their lawful powers. The court concluded that the appeal did not present a compelling case for overturning the sentence.

Consequently, the court granted the application for an extension of time to appeal and allowed the appeal. However, upon reviewing the merits of the appeal, the court dismissed the appeal against the sentence. The court's decision was that the sentence was appropriate given the circumstances and the law applicable to the case.

Orders

Orders of the court

Extension of time to appeal

Leave to appeal granted

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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