HEDGE -v- THURSTUN [2001] WASCA 43
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2001] WASCA 43 | |
| Case No: | SJA:1214/2000 | 12 FEBRUARY 2001 | |
| Coram: | ROBERTS-SMITH J | 22/02/01 | |
| 14 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Conviction quashed Orders for fine and motor driver's licence disqualification set aside. Judgment of not guilty substituted | ||
| PDF Version |
| Parties: | TREVOR LEE HEDGE DANIEL ANDREW THURSTUN |
Catchwords: | Road traffic Driving in manner dangerous to the public or any person No evidence of danger to the public or any person Whether on appeal should be conviction on alternative of driving in a manner which is inherently dangerous Criminal law and procedure Appeal Justices Act 1902 (WA) Power on appeal Amendment of complaint by substitution of different offence Power to convict of different offence |
Legislation: | Road Traffic Act 1974 (WA), s 60(1) Justices Act 1902 (WA), s 46, s 199(1)(c) and (d) |
Case References: | A M Smith v The Queen [1976] WAR 97 Allen v Gittos (1995) 13 WAR 560 Attree v Randell (1993) 19 MVR 95 Kaighin v The Queen (1990) 1 WAR 390 McBride v The Queen (1965) 115 CLR 44 Mitchell v Myers (1955) 57 WALR 49 Walker v Osborne (1955) 22 MVR 363 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Appellant
AND
DANIEL ANDREW THURSTUN
Respondent
Catchwords:
Road traffic - Driving in manner dangerous to the public or any person - No evidence of danger to the public or any person - Whether on appeal should be conviction on alternative of driving in a manner which is inherently dangerous
Criminal law and procedure - Appeal - Justices Act 1902 (WA) - Power on appeal - Amendment of complaint by substitution of different offence - Power to convict of different offence
Legislation:
Road Traffic Act 1974 (WA), s 60(1)
Justices Act 1902 (WA), s 46, s 199(1)(c) and (d)
(Page 2)
Result:
Appeal allowed
Conviction quashed
Orders for fine and motor driver's licence disqualification set aside. Judgment of not guilty substituted
Representation:
Counsel:
Appellant : Mr M J Hawkins
Respondent : Mr A Derrick
Solicitors:
Appellant : In person
Respondent : State Crown Solicitor
Case(s) referred to in judgment(s):
A M Smith v The Queen [1976] WAR 97
Allen v Gittos (1995) 13 WAR 560
Attree v Randell (1993) 19 MVR 95
Kaighin v The Queen (1990) 1 WAR 390
McBride v The Queen (1965) 115 CLR 44
Mitchell v Myers (1955) 57 WALR 49
Walker v Osborne (1955) 22 MVR 363
Case(s) also cited:
Nil
(Page 3)
1 ROBERTS-SMITH J: At 11.25 am on Wednesday 28 June 2000 the appellant was riding a blue Kawasaki Ninja 900 motor cycle on Griffith Street, Burswood. He was observed by police officers who were stopped at a red traffic control light behind…
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- Hedge v Thurstun [2001] WASCA 43
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- [2001] WASCA 43
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CaseChat Overview and Summary
The case of Hedge v Thurstun involved a dispute regarding a traffic offence, specifically an allegation of dangerous driving. The matter was heard and determined by the Supreme Court of Western Australia. The defendant, Hedge, was initially convicted in the Magistrates Court of driving in a manner dangerous to the public or any person, contrary to the Road Traffic Act. Hedge appealed this conviction to the Supreme Court, challenging the sufficiency of the evidence to support the conviction and the applicability of an alternative conviction for driving in a manner inherently dangerous.
The legal issues before the court centred on whether the evidence was sufficient to support the conviction for driving in a manner dangerous to the public or any person and whether the court had the power to convict the defendant of an alternative offence of driving in a manner inherently dangerous. The court also needed to consider whether the amendment of the complaint to substitute a different offence was permissible under the Justices Act 1902.
The court found that there was no evidence of actual danger to the public or any person. It held that the conviction could not stand and that the appropriate course was to consider the alternative offence of driving in a manner inherently dangerous. The court concluded that the Magistrates Court had the power to convict the defendant of an alternative offence, and that the amendment of the complaint was permissible. However, given the absence of evidence to support any conviction for dangerous driving, the court allowed the appeal, quashed the conviction, and substituted a judgment of not guilty. Consequently, the orders for the fine and the disqualification of the defendant's motor driver's licence were also set aside.
The legal issues before the court centred on whether the evidence was sufficient to support the conviction for driving in a manner dangerous to the public or any person and whether the court had the power to convict the defendant of an alternative offence of driving in a manner inherently dangerous. The court also needed to consider whether the amendment of the complaint to substitute a different offence was permissible under the Justices Act 1902.
The court found that there was no evidence of actual danger to the public or any person. It held that the conviction could not stand and that the appropriate course was to consider the alternative offence of driving in a manner inherently dangerous. The court concluded that the Magistrates Court had the power to convict the defendant of an alternative offence, and that the amendment of the complaint was permissible. However, given the absence of evidence to support any conviction for dangerous driving, the court allowed the appeal, quashed the conviction, and substituted a judgment of not guilty. Consequently, the orders for the fine and the disqualification of the defendant's motor driver's licence were also set aside.
Orders
Orders of the court
Appeal allowed
Conviction quashed
Orders for fine and motor driver's licence disqualification set aside. Judgment of not guilty substituted
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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