Hodder v Public Transport Authority

HODDER -v- PUBLIC TRANSPORT AUTHORITY [2010] WASCA 1

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2010] WASCA 1
Court:	THE COURT OF APPEAL (WA)	Published:	15/01/2010
Case No:	CACR:137/2009	Heard:	22 DECEMBER 2009
Coram:	WHEELER JA PULLIN JA NEWNES JA	Delivered:	22/12/09
No of pages:	5	Judgment Part:	1 of 1
Result:	Application for leave to appeal refused Appeal dismissed
Category:	B
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Parties:	JAMES LESLIE HODDER PUBLIC TRANSPORT AUTHORITY
Catchwords:	Turns on own facts
Legislation:	Public Transport Authority Regulations 2003 (WA), reg 13
Case References:	Thompson v His Honour Judge Byrne [1998] 2 VR 274

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : HODDER -v- PUBLIC TRANSPORT AUTHORITY [2010] WASCA 1 CORAM : WHEELER JA

PULLIN JA
NEWNES JA

HEARD : 22 DECEMBER 2009 DELIVERED : 22 DECEMBER 2009 PUBLISHED : 15 JANUARY 2010 FILE NO/S : CACR 137 of 2009 BETWEEN : JAMES LESLIE HODDER

The appellant

AND

PUBLIC TRANSPORT AUTHORITY
Respondent

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : McKECHNIE J

Citation : HODDER -v- PUBLIC TRANSPORT AUTHORITY [2009] WASC 293

File No : SJA 1003 of 2009

(Page 2)

Catchwords:

Turns on own facts

Legislation:

Public Transport Authority Regulations 2003 (WA), reg 13

Result:

Application for leave to appeal refused

Appeal dismissed

Category: B

Representation:

Counsel:

The appellant : In person
Respondent : Ms L A Eddy

Solicitors:

The appellant : In person
Respondent : State Solicitor for Western Australia

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

Thompson v His Honour Judge Byrne [1998] 2 VR 274


(Page 3)

1 WHEELER JA: This is an application for leave to appeal against an order of McKechnie J dismissing an appeal against conviction in relation to one count of causing a nuisance to persons on a facility, contrary to reg 13 of the Public Transport AuthorityRegulations 2003 (WA).

2 On 2 January 2009, the appellant was convicted after trial before Magistrate Roberts of having caused a nuisance at Midland train station and was fined $100. On 29 January 2009, the appellant filed a notice of appeal against that decision, on the ground that the evidence was unsafe and unsatisfactory as video evidence of the alleged incident was refused by Transperth when requested by the appellant. The ground asserted that this evidence would have cleared the appellant of any guilt. On 16 September 2009, McKechnie J granted the appellant leave to appeal but dismissed the appeal.

3 Three witnesses gave evidence at the appellant's trial: Ms Athanasiou, a Transit officer, Mr Vendevelde, her partner, and Mr Fimmell, a ticketing assistant. Ms Athanasiou's evidence was that, on 6 January 2008, she was on patrol at Midland train station when she heard the appellant swear in a loud voice. She informed him that if he continued, he would have to leave and he responded that she was a "fucking bitch". She radioed her partner. When her partner arrived, he asked the appellant for his personal…