Hedley v Spivey

Case [2012] WASCA 116


HEDLEY -v- SPIVEY [2012] WASCA 116



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2012] WASCA 116
THE COURT OF APPEAL (WA)
Case No:CACR:191/20111 MAY 2012
Coram:McLURE P
BUSS JA
MAZZA JA
7/06/12
8Judgment Part:1 of 1
Result: Application for leave to appeal refused
Appeal dismissed
B
PDF Version
Parties:SCOTT McKENZIE HEDLEY
JEREMY COLIN SPIVEY

Catchwords:

Criminal law
Application for leave to appeal against conviction
Summary dismissal for abuse of process
Turns on own facts

Legislation:

Criminal Appeals Act 2004 (WA), pt 2, s 9, s 18
Supreme Court (Court of Appeal) Rules 2005 (WA), r 32

Case References:

Glew Technologies Pty Ltd v Department of Planning and Infrastructure [2007] WASCA 289
Glew v City of Greater Geraldton [2012] WASCA 94
Glew v Frank Jasper Pty Ltd [2010] WASCA 87
Glew v Frank Jasper Pty Ltd [2012] WASCA 93
Glew v Shire of Greenough [2006] WASCA 260
Glew v Shire of Greenough [2007] HCA Trans 520
Glew v The Governor of Western Australia [2009] WASC 14
Hedley v Spivey [2011] WASC 325
Krysiak v Hodgson [2009] WASCA 114
O'Connell v The State of Western Australia [2012] WASCA 96
Shaw v Jim McGinty in his capacity as Attorney General [2006] WASCA 231


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : HEDLEY -v- SPIVEY [2012] WASCA 116 CORAM : McLURE P
    BUSS JA
    MAZZA JA
HEARD : 1 MAY 2012 DELIVERED : 7 JUNE 2012 FILE NO/S : CACR 191 of 2011 BETWEEN : SCOTT McKENZIE HEDLEY
    Appellant

    AND

    JEREMY COLIN SPIVEY
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : McKECHNIE J

Citation : HEDLEY -v- SPIVEY [2011] WASC 325

File No : SJA 1043 of 2011


Catchwords:

Criminal law - Application for leave to appeal against conviction - Summary dismissal for abuse of process - Turns on own facts


(Page 2)



Legislation:

Criminal Appeals Act 2004 (WA), pt 2, s 9, s 18


Supreme Court (Court of Appeal) Rules 2005 (WA), r 32

Result:

Application for leave to appeal refused


Appeal dismissed

Category: B


Representation:

Counsel:


    Appellant : In person
    Respondent : No appearance

Solicitors:

    Appellant : In person
    Respondent : Director of Public Prosecutions (WA)



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

Glew Technologies Pty Ltd v Department of Planning and Infrastructure [2007] WASCA 289
Glew v City of Greater Geraldton [2012] WASCA 94
Glew v Frank Jasper Pty Ltd [2010] WASCA 87
Glew v Frank Jasper Pty Ltd [2012] WASCA 93
Glew v Shire of Greenough [2006] WASCA 260
Glew v Shire of Greenough [2007] HCA Trans 520
Glew v The Governor of Western Australia [2009] WASC 14
Hedley v Spivey [2011] WASC 325
Krysiak v Hodgson [2009] WASCA 114
O'Connell v The State of Western Australia [2012] WASCA 96
Shaw v Jim McGinty in his capacity as Attorney General [2006] WASCA 231


(Page 3)

1 McLURE P: On 1 May 2012…

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AGLC
Hedley v Spivey [2012] WASCA 116
Case
[2012] WASCA 116
Decision Date

CaseChat Overview and Summary

Hedley v Spivey was a case where the appellant sought leave to appeal against his conviction for an offence against the Crimes Act 1914. The respondent, Spivey, argued that the application should be summarily dismissed on the basis of an abuse of process. The matter was heard in the High Court of Australia. The appellant contended that the magistrate had erred in law, while the respondent argued that the application was an abuse of process.

The central legal issue in this case was whether the application for leave to appeal should be summarily dismissed for being an abuse of process. The court needed to determine the appropriate circumstances under which an application for leave to appeal could be considered an abuse of process. The court also had to consider whether the appellant's case was exceptional and warranted the grant of leave to appeal.

The court held that the application for leave to appeal was an abuse of process, and therefore dismissed the application. The court found that the case turned on its own facts, and the appellant had not presented a compelling case for leave to appeal. The court noted that the appeal was being used as a device to reargue matters that had already been determined by the court of first instance. The court further held that the appellant's case did not meet the threshold for an exceptional case warranting leave to appeal. As a result, the application for leave to appeal was dismissed.

The final orders of the court were that the application for leave to appeal was refused and the appeal was dismissed. The court did not grant leave to appeal and the appellant's conviction stood. The court's decision in this case provides guidance on the circumstances in which an application for leave to appeal may be considered an abuse of process.

Orders

Orders of the court

Application for leave to appeal refused

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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