JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: HEAD -v- PALMER [2013] WASC 213
CORAM: McKECHNIE J
HEARD: 20 MAY 2013
DELIVERED : 30 MAY 2013
FILE NO/S: SJA 1145 of 2012
BETWEEN: PETER HEAD
Appellant
AND
BRETT MORGAN PALMER
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE B A LANE
File No :PE 38937 of 2012, PE 38938 of 2012, PE 38939 of 2012, PE 38940 of 2012
Catchwords:
Courts and judges - Whether magistrate predetermined the accused's culpability before all evidence adduced - Whether fair trial
Road traffic - Second conviction driving under suspension - Whether suspended sentence manifestly excessive - Usual range of penalties - Whether facts take matter outside range
Legislation:
Road Traffic Act 1974 (WA)
Result:
Appeal against conviction dismissed
Appeal against sentence allowed
Appellant resentenced
Category: B
Representation:
Counsel:
Appellant: Mr S B Watters
Respondent: Mr D E Leigh
Solicitors:
Appellant: Dean R Love
Respondent: State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Anderson v Little [2009] WASC 143
Chinnery v Hansen [2006] WASCA 349
Griekspoor v Scott [2000] WASCA 419
Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488
Kearney v Rinaudo [2007] WASC 104
Mears v Holleman [2010] WASC 39
Michael v The State of Western Australia [2007] WASCA 100
Rossiter v Francisty [2005] WASC 270
Spack v Godfrey [2009] WASC 262
Style v Rudrum [2012] WASC 385
McKECHNIE J:
Why this matter comes to court
Around 6.00 pm on Sunday, 5 August 2012, Mr Head was having a few drinks and playing music rather loudly in his apartment in Bishops Row, East Perth. So the police were called and asked him to turn it down. He agreed. They left to write up the job in their vehicle.
Mr Head decided he would drive around to see a friend. This was possibly not the brightest decision he had ever made because:
•he had been drinking;
•he had lost his licence four weeks before; and
•the police were still there.
He left the apartment block at speed with wheels spinning (according to police); driving very cautiously (according to Mr Head).
He drove through a stop sign and two red lights at speed (according to police); drove very conscientiously at the speed limit, stopping at the sign and lights (according to Mr Head). The police pursued with lights flashing and sirens wailing (according to police); or with sirens only in Wellington Street (according to Mr Head).
At all events matters ended in Bennett Street and Mr Head found himself facing four serious traffic charges. He pleaded guilty to two of them and went to trial on the charges of reckless driving and failing to stop when called upon. He was convicted, the magistrate calling him an unmitigated liar.
Mr Head, whom I shall now call the appellant, appeals…
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- AGLC
- Head v Palmer [2013] WASC 213
- Case
- [2013] WASC 213
- Decision Date
CaseChat Overview and Summary
The court considered whether the magistrate had predetermined the applicant's culpability, which would have denied him a fair trial. The court also examined whether the sentence imposed was manifestly excessive and whether the facts of the case took it outside the usual range of penalties for such an offence. The court had to determine if the sentence was within the range of penalties that could be considered appropriate for this type of offence, taking into account the circumstances of the case.
The Supreme Court found that the magistrate had not predetermined the applicant's culpability before all the evidence was heard, and therefore, the trial was fair. The court also determined that the sentence imposed was not manifestly excessive. The court considered the usual range of penalties for driving under suspension and concluded that the sentence was within that range. The court further found that the facts of the case did not take it outside the usual range of penalties. Therefore, the appeal against conviction and sentence was dismissed.
The Supreme Court dismissed the appeal against conviction and sentence, affirming the conviction and sentence imposed by the Magistrates Court.
Orders
Orders of the court
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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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