Heathcote v King

Case [2002] WASCA 1


HEATHCOTE -v- KING [2002] WASCA 1



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 1
Case No:SJA:1058/200117 AUGUST 2001
Coram:ROBERTS-SMITH J9/01/02
47Judgment Part:1 of 1
Result: SJA 1508 of 2001:
Application for extension of time and leave to appeal granted
Appeal allowed in part
SJA 1509 of 2001:
Application for extension of time within which to apply for leave to appeal refused
A
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Parties:DAVID JOHN HEATHCOTE
CHRISTOPHER JAMES KING
TROY DANIEL NEWINGTON

Catchwords:

Justices
Appeal
Extension of time
Substantial delay
Whether exceptional circumstances or substantial miscarriage of justice
Justices
Appeal
Reasonable apprehension of bias
Refusal of Magistrate to disqualify himself
Justices
Appeal
Offences under s 41(e) of the Pawnbrokers and Secondhand Dealers Act 1994 (WA)
Liability of employer for offences committed by employee
Whether defence of honest and reasonable mistake of fact by employee available on prosecution of employee
Section 24 of the Criminal Code (WA)
Justices
Appeal
Obligation to give reasons for decision

Legislation:

Criminal Code 1913 (WA), s 24
Evidence Act 1906 (WA), s 11
Justices Act 1902 (WA), s 46, s 184(1), s 190, s 199(b)
Pawnbrokers and Secondhand Dealers Act 1994 (WA), s 41, s 88

Case References:

Agostinelli & Lewis v R (1995) 82 A Crim R 326
Attorney-General v Cockram (1990) 2 WAR 477
Bowern (1915) 34 NZLR 696
Cain v Doyle (1946) 72 CLR 409
Deeble v Flanagan (1910) 12 WALR 164
Ferrari v Neenan [2000] WASCA 191
Garrett v Nicholson (1999) 21 WAR 226
Geraldton Fishermen's Co-op v Munro [1963] WAR 129
Glennan [1970] 2 NSWR 421
Grassby v The Queen (1989) 168 CLR 1
Harling (1997) 94 A Crim R 437
He Kaw Teh v The Queen (1985) 157 CLR 523
Higgon v O'Dea [1962] WAR 140
Holcroft v The Queen, unreported; CCA SCt of WA; Library No 970550; 28 October 1997
Howell v Doyle [1852] VLR 128
Jackson v Horne (1965) 114 CLR 82
Julien v Racing Penalties Appeals Tribunal of WA & Anor [2001] WASCA 345
Lam v Beesley (1992) 7 WAR 88
Lancaster v The Queen [1989] WAR 83
Livesey v New South Wales Bar Association (1983) 151 CLR 288
Lloyd v Faraone [1989] WAR 154
Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 161
McKinnon v Weir, unreported; SCt of WA (Scott J); Library No 970251; 21 May 1997
Mitchell v Myers (1955) 57 WALR 49
Pettit v Dunkley (1971) 1 NSWLR 376
R v Pinkstone & Ors [2001] WASC 252
R v Watson; Ex parte Armstrong (1976) 136 CLR 248
Re JRL; Ex parte CJL (1986) 161 CLR 342
Simpson; Ex parte Morrison (1984) 154 CLR 101
Trustees of Christian Brothers v Cardone (1995) 130 ALR 345
Vakauta v Kelly (1989) 167 CLR 568
Webb & Hay v The Queen (1993-1994) 181 CLR 41
Webb v The Queen (1995) 13 WAR 257
Woods v Smith [1976] WAR 13

CLC Corp v Read [1999] FCA 384

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Heathcote v King [2002] WASCA 1
Case
[2002] WASCA 1
Decision Date

CaseChat Overview and Summary

In the case of Heathcote v King, the matter before the court involved two separate appeals brought by the applicant against the respondent, who was the Magistrate of the Magistrates Court of Western Australia. The disputes arose from the respondent's decision to convict the applicant of offences under the Pawnbrokers and Secondhand Dealers Act 1994 (WA) and the subsequent refusal to extend the time limit for appeal or disqualify himself from hearing the matter.

The legal issues central to the appeal were whether the Magistrate had the authority to extend the time for the applicant to lodge an appeal, whether the Magistrate's refusal to disqualify himself constituted a substantial miscarriage of justice or exceptional circumstances, whether the employer could be held liable for the employee's offences, and whether the employee's honest and reasonable mistake of fact was a valid defence. Additionally, the court had to determine whether the Magistrate was obligated to provide reasons for his decisions.

The court found that the Magistrate did have the discretion to extend the time for the appeal, and the refusal to do so was a substantial miscarriage of justice. The court also concluded that the Magistrate's refusal to disqualify himself did not result in a substantial miscarriage of justice or exceptional circumstances. Regarding the employer's liability, the court held that the employer could be held liable for the employee's offences, but the employee's honest and reasonable mistake of fact could be a defence in the prosecution of the employee. The court further determined that the Magistrate was not obligated to give reasons for his decision.

The orders of the court were that the application for an extension of time and leave to appeal was granted, the appeal was allowed in part, and the application for an extension of time within which to apply for leave to appeal was refused.

Orders

Orders of the court

SJA 1508 of 2001:

Application for extension of time and leave to appeal granted

Appeal allowed in part

SJA 1509 of 2001:

Application for extension of time within which to apply for leave to appeal refused

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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