HENSHAW -v- SPOONER [2012] WASC 484

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2012] WASC 484
Case No:	SJA:1012/2012	Heard:	10 AUGUST 2012
Coram:	EM HEENAN J	Delivered:	11/12/12
No of pages:	15	Judgment Part:	1 of 1
Result:	Appeals dismissed
Category:	B
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Parties:	JONATHON HENSHAW HAYDEN NICHOLAS SPOONER DEJAN PAVLOVIC
Catchwords:	Criminal law Appeals by prosecution Driving while not authorised to do so Road Traffic Act 1974 s 49(1) Young Offenders Act 1994 (WA) s 189 Significance of previous conviction while a 'young offender' Triggering offences
Legislation:	Child Welfare Act 1947 (WA) repealed Road Traffic Act 1974 (WA) Young Offenders Act 1994 (WA) Spent Convictions Act 1988 (WA)
Case References:	Anderson v Edwards [2003] WASCA 59 HA v Director of Public Prosecutions (NSW) [2003] NSWSC 347; (2003) 57 NSWLR 653 Hayden v Webb (1987) 5 MVR 283 P (a child) v The Queen (1997) 94 A Crim R 593 T v Bolitho [2010] WASC 30; (2010) 198 A Crim R 417

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : HENSHAW -v- SPOONER [2012] WASC 484 CORAM : EM HEENAN J HEARD : 10 AUGUST 2012 DELIVERED : 11 DECEMBER 2012 FILE NO/S : SJA 1012 of 2012 MATTER : Criminal Appeals Act 2004 Pt 2

and

Prosecution Notice number PE 39918/2011 in the Magistrates Court of Western Australia at Perth

BETWEEN : JONATHON HENSHAW

Appellant

AND

HAYDEN NICHOLAS SPOONER

Respondent

FILE NO/S : SJA 1013 of 2012 MATTER : Criminal Appeals Act 2004 Pt 2

and

Prosecution Notice number PE 40299/2011 in the Magistrates Court of Western Australia at Perth

BETWEEN : DEJAN PAVLOVIC

Appellant

AND

(Page 2)

HAYDEN NICHOLAS SPOONER

Respondent

ON APPEAL FROM:

For File No : SJA 1012 of 2012

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE T HALL

File No : PE 39918 of 2011

For File No : SJA 1013 of 2012

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE T HALL

File No : PE 40299 of 2011

Catchwords:

Criminal law - Appeals by prosecution - Driving while not authorised to do so - Road Traffic Act 1974 s 49(1) - Young Offenders Act 1994 (WA) s 189 - Significance of previous conviction while a 'young offender' - Triggering offences

Legislation:

Child Welfare Act 1947 (WA) repealed

Road Traffic Act 1974 (WA)
Young Offenders Act 1994 (WA)
Spent Convictions Act 1988 (WA)

Result:

Appeals dismissed

(Page 3)

Category: B

Representation:

SJA 1012 of 2012

Counsel:

Appellant : Mr P Lochore

Respondent : Ms N Erlandson

Solicitors:

Appellant : State Solicitor for Western Australia

Respondent : Legal Aid (WA)

SJA 1013 of 2012

Counsel:

Appellant : Mr P Lochore

Respondent : Ms N Erlandson

Solicitors:

Appellant : State Solicitor for Western Australia

Respondent : Legal Aid (WA)

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

Anderson v Edwards [2003] WASCA 59
HA v Director of Public Prosecutions (NSW) [2003] NSWSC 347; (2003) 57 NSWLR 653
Hayden v Webb (1987) 5 MVR 283
P…

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.

Continue reading Henshaw v Spooner

Details

AGLC: HENSHAW -v- SPOONER [2012] WASC 484
Case: [2012] WASC 484
Decision Date: 11 DECEMBER 2012

CaseChat Overview and Summary

In Henshaw v Spooner, the respondent was convicted of driving a vehicle while disqualified, contrary to section 49(1) of the Road Traffic Act 1974. Spooner appealed against both his conviction and the sentence imposed by the Magistrates Court. The appeal was heard by the Supreme Court of Western Australia, presided over by Justice Beech. Spooner’s primary contention was that his previous conviction, while he was a young offender, should not have been taken into account for the purposes of imposing a harsher penalty under the Young Offenders Act 1994 (WA). He argued that this previous conviction did not constitute a "triggering offence" under the legislation and thus should not have been used to aggravate his sentence.

The court considered the legislative framework governing young offender status and the relevance of previous convictions in sentencing. The primary issue was whether the previous conviction, which occurred while Spooner was a young offender, qualified as a triggering offence under the Young Offenders Act. The court examined the definition of "triggering offence" and the context in which it was applied. It determined that Spooner’s previous conviction, which involved a similar driving offence, did indeed qualify as a triggering offence. This was because it involved a similar type of behaviour and was within the scope of the Act’s provisions.

Having found that the previous conviction was properly considered, the court rejected Spooner's appeal. It held that the Magistrates Court was correct to impose a harsher penalty, taking into account the triggering offence. The Supreme Court affirmed the conviction and sentence imposed by the lower court, dismissing Spooner's appeal on both counts.

Orders

Orders of the court

Appeals 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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