JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: HODDER -v- NEENAN [2020] WASCA 163
CORAM: QUINLAN CJ
MAZZA JA
PRITCHARD JA
HEARD: 12 JUNE 2020
DELIVERED : 2 OCTOBER 2020
FILE NO/S: CACR 144 of 2019
BETWEEN: JAMES LESLIE HODDER
Appellant
AND
ROBERT NEENAN
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram: HILL J
File Number : SJA 1028 of 2019
Catchwords:
Criminal law - Appeal against conviction - Whether amendment to charge on day of hearing occasioned prejudice to the appellant - Admissibility of evidence - Whether adjournment should have been granted by magistrate on grounds of ill‑health - Whether verdict unreasonable or cannot be supported by evidence
Legislation:
Criminal Appeals Act 2004 (WA), s 9, s 16, s 18, s 30(3)(a), s 39, s 40(1)(e)
Criminal Procedure Act 2004 (WA), s 132, s 134
Supreme Court (Court of Appeal) Rules 2005 (WA), r 25, r 32(4)(c)
Result:
Leave to appeal refused
Appeal dismissed
Category: D
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | J Scholz |
Solicitors:
| Appellant | : | In person |
| Respondent | : | Director of Public Prosecutions (WA) |
Case(s) referred to in decision(s):
Avsar v Binning [2009] WASCA 219
City of Swan v Bayblue Holdings Pty Ltd [2015] WASCA 227
Frailing v Mackay [2020] WASCA 73
Hodder v Neenan [2019] WASC 311
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
The State of Western Australia v Olive [2011] WASCA 25
Waters v Wigger [2017] WASCA 46
JUDGMENT OF THE COURT:
On 7 February 2019, the appellant was convicted, after a trial, of two charges. The first was that on 30 January 2018, the appellant unlawfully assaulted a female victim in circumstances of aggravation, namely that the victim was over the age of 60 years (aggravated assault charge).[1] The second charge was that on 20 February 2018, the appellant obstructed First Class Constable Thomas Arthurs, in the performance of his functions (obstruction charge).[2] The appellant was sentenced to a global fine of $1000, and was ordered to pay costs of $100.
[1] Charge number PE 9219/2018.
[2] Charge number PE 9220/2018.
The appellant applied for leave to appeal against both convictions, and against the sentence imposed. Justice Hill refused leave to appeal and dismissed the appeal.[3]
[3] Hodder v Neenan [2019] WASC 311 (Primary Reasons).
The appellant now seeks leave to appeal against the decision of the learned primary judge.[4] He advances six grounds of appeal. They broadly reflect most of the grounds of appeal advanced before the primary judge.[5]
[4] Criminal Appeals Act 2004 (WA) s 16(2).
[5] The appellant in fact advanced seven grounds of appeal before the primary judge. He did not advance a ground of appeal reflecting ground 2 before the learned primary judge (namely that he…
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- AGLC
- Hodder v Neenan [2020] WASCA 163
- Case
- [2020] WASCA 163
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the amendment to the charge constituted a fundamental procedural error, whether the adjournment should have been granted due to Hodder's ill health, and whether the verdict was unreasonable or unsupported by the evidence. The court considered the principles of procedural fairness, the discretion of the magistrate in granting adjournments, and the standard of proof required in criminal cases.
The court found that the amendment to the charge did not occasion any prejudice to Hodder, as the substance of the charge remained the same, and Hodder had been given adequate time to prepare his defence. The court also held that the magistrate's decision not to grant an adjournment was not an error, as there was no evidence to suggest that Hodder's ill health would have significantly impacted his ability to participate in the proceedings. Finally, the court determined that the verdict was not unreasonable and was supported by the evidence presented at trial. Consequently, the appeal was dismissed, and the conviction was upheld.
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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