JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: HONDEMA -v- CARROLL [2008] WASC 155
CORAM: HASLUCK J
HEARD: 23 JULY 2008
DELIVERED : 23 JULY 2008
FILE NO/S: SJA 1025 of 2008
BETWEEN: PIETER JAN FREDERIK HONDEMA
Appellant
AND
MATTHEW CHRISTOPHER CARROLL
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE L H JONES
File No :AR 2496 of 2008
Catchwords:
Appeal against conviction - Offence of reckless driving - Whether driving was wilful, inherently dangerous or dangerous to public or any person - Effect of a plea of guilty to a charge and nature of conviction - Effect of flawed legal advice on plea and available defence - Whether magistrate should accept a guilty plea if facts do not fit the elements of the offence - Whether magistrate is obliged to act upon plea of guilty when a triable defence may be available - Plea of guilty does not amount to a conviction - Miscarriage of justice will result if conviction entered pursuant to inappropriate plea of guilty - Appeal allowed and conviction quashed
Legislation:
Criminal Appeals Act 2004 (WA), s 14, s 78
Criminal Procedure Act 2004 (WA), s 3(2)(a), s 128, s 147, s 148
Road Traffic Act 1974 (WA), s 60
Result:
Appeal allowed
Matter remitted
Category: A
Representation:
Counsel:
Appellant: Mr S D Freitag
Respondent: Mr D Leigh
Solicitors:
Appellant: Simon Freitag
Respondent: State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Avins v Honnor (1997) 25 MVR 188
Di Camillo v Wilcox [1964] WAR 44
Maxwell v The Queen (1996) 184 CLR 501
Slater v Marshall [1965] WAR 222
Thomason v Martin [1964] WAR 136
HASLUCK J:
Introduction
The appellant, Pieter Jan Frederik Hondema, has obtained leave to appeal against a conviction for reckless driving contrary to s 60(1) of the Road Traffic Act 1974 (WA). The appeal raises interesting questions as to the effect of a plea of guilty to a charge and the nature of a conviction.
In order to resolve the matters in question it is necessary to set out the procedural steps bearing upon the matters in issue with some care.
Prosecution notice
By s 60(1) of the Road Traffic Act every person who wilfully drives a motor vehicle in a manner that is inherently dangerous or that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence. It follows from s 73 of the Act that a reference to driving a motor vehicle is to be construed as a reference to the driving of a motor vehicle on a road or in any place to which the public is permitted to have access.
It appears from a prosecution notice dated 3 December 2007 that the appellant was charged with reckless driving contrary to s 60(1) of the Road Traffic Act. It was alleged that he wilfully drove the subject motor vehicle on a road, namely, Brookton Highway,…
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- AGLC
- Hondema v Carroll [2008] WASC 155
- Case
- [2008] WASC 155
- Decision Date
CaseChat Overview and Summary
The court considered the legal principles that a plea of guilty does not equate to a conviction and that a miscarriage of justice may result if a conviction is entered on the basis of an inappropriate plea of guilty. It was emphasised that the magistrate is not obliged to accept a guilty plea if the facts do not fit the elements of the offence and that a triable defence may be available. The court found that the magistrate should have considered the possibility of a defence before accepting the plea and that the flawed advice provided by Carroll's legal representative was a significant factor in the inappropriate plea being entered.
The appeal was allowed, and the conviction was quashed. The matter was remitted for further proceedings. The court's decision underscored the importance of ensuring that pleas of guilty are entered appropriately and that the magistrate considers all available defences before accepting a plea. The flawed legal advice provided in this case was a critical factor in the appeal's success, highlighting the need for legal representatives to provide accurate and comprehensive advice to their clients.
Orders
Orders of the court
Appeal allowed
Matter remitted
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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