Hodder v Neenan

[2019] WASC 311

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   HODDER -v- NEENAN [2019] WASC 311

CORAM:   HILL J

HEARD:   28 JUNE 2019

DELIVERED          :   28 AUGUST 2019

FILE NO/S:   SJA 1028 of 2019

BETWEEN:   JAMES LESLIE HODDER

Appellant

AND

ROBERT NEENAN

Respondent

ON APPEAL FROM:

For File No:   SJA 1028 of 2019

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE T WATT

File Number             :   PE 9219 of 2018; PE 9220 of 2018

Catchwords:

Criminal law - Appeal against conviction - Appeal against sentence - Whether adjournment should have been granted by magistrate - Whether decision unsafe and satisfactory - Turns on own facts

Legislation:

Criminal Appeals Act 2004 (WA), s 9(1), s 9(2), s 10(3)
Criminal Code 1913 (WA), s 172(2), s 313(1)(a)
Criminal Investigation Act 2006 (WA), s 132
Criminal Procedure Act 2004 (WA), s 75(2), s 132, s 134

Result:

Leave to appeal refused
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant	:	In person
Respondent	:	Ms M M Yeung

Solicitors:

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

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

Chew v The Queen (1991) 4 WAR 21

Donaldson v The State of Western Australia [2005] WASCA 196; (2005) 31 WAR 122

Hanneybel v The Queen [2004] WASCA 54

Lewis v The State of Western Australia [No 2] [2008] WASCA 155; (2008) 37 WAR 483

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

Smith v The Queen [2001] HCA 50; (2001) 206 CLR 650

The State of Western Australia v Olive [2011] WASCA 25

HILL J:

1. On 7 February 2019, the appellant was convicted after trial of one count of unlawful assault in circumstances of aggravation and one count of obstructing a public officer in the performance of his functions in relation to incidents that occurred on 30 January and 20 February 2018 respectively.  The learned magistrate imposed on the appellant a global fine of $1,000 for both charges and ordered that he pay costs of $100.

2. The appellant seeks leave to appeal against both convictions as well as the sentence imposed by the learned magistrate.

Notice of appeal and leave to appeal

1. On 21 February 2019, the appellant filed his notice of appeal which was within time.[1]

   [1] Criminal Appeals Act 2004 (WA) s 10(3).

2. The notice of appeal sets out seven grounds of appeal, namely that:

   1.The learned magistrate refused to admit certain evidence from defence witnesses;

   2.The appellant was refused an adjournment to secure a lawyer;

   3.The two separate charges were heard jointly;

   4.The verdicts were 'unsafe and unsatisfactory';

   5.An amendment was made to one of the charges on the day of the hearing;

   6.Medical certificates show that the appellant was unfit to stand trial; and

   7.The appellant had obtained a restraining order against the victim.

3. All seven grounds relate to the appellant's appeal against his conviction. The appellant did not address…