Ireland v Jackson - [2020] WASC 440

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL

CITATION:   IRELAND -v- JACKSON [2020] WASC 440
CORAM:   ALLANSON J
HEARD:   21 SEPTEMBER 2020
DELIVERED          :   3 DECEMBER 2020
FILE NO/S:   SJA 1125 of 2019
BETWEEN:   MARK GRAEME IRELAND
Appellant
AND
ALISON JACKSON
Respondent

ON APPEAL FROM:
Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram:   MAGISTRATE E SHACKLETON
File Number            :   BU 2491 of 2019

Catchwords:

Criminal law - Appeal against conviction - Traffic offence - Speeding - Where certificate tendered that prosecution witness an authorised person to give evidence as to speed - Where prosecution and magistrate relied on certificate - Where appellant unrepresented - Where now conceded that certificate invalid - Whether miscarriage of justice

Legislation:

Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA), s 11, s 17, s 19, s 21
Road Traffic (Administration) Act 2008 (WA), s 105, s 117, s 117A
Road Traffic Code 2000 (WA), reg 11

Result:

Leave to appeal granted on ground 4
Appeal allowed

Category: B

Representation:

Counsel:

Appellant	:	In person
Respondent	:	E Negus

Solicitors:

Appellant	:	In person
Respondent	:	State Solicitor for Western Australia

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

Ireland v Jackson [2020] WASC 2
Ireland v Watson [2018] WASCA 57

ALLANSON J:

Introduction

In October 2018, Mr Ireland was issued with an infringement notice for exceeding the speed limit, contrary to reg 11(3) of the Road Traffic Code 2000 (WA). On 18 April 2019, he elected to have the matter go to court and a prosecution notice was issued pursuant to s 21(5) of the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA).
The charge was based on Mr Ireland's vehicle being recorded on speed measuring and recording equipment as exceeding the speed limit in a 110 km/h zone by not more than 9 km/h.
The charge was heard in the Magistrates Court at Bunbury on 11 September 2019. Mr Ireland was convicted and has applied for leave to appeal that conviction.
Mr Ireland was self‑represented at trial. He is also self‑represented in this appeal.

The trial

At the commencement of the trial, before other evidence was called, Mr Ireland agreed to the certificate of evidence showing the registration of the vehicle and the competency certificate of the camera operator, Mr Branko Hofman, going into evidence.[1] Mr Ireland also admitted that he was the driver of the car on the relevant day.[2]
[1] Affidavit of Mr Ireland, sworn 5 November 2019, annexure MG 13, 34 ('Affidavit of Mr Ireland, trial ts').
[2] Affidavit of Mr Ireland, trial ts, 35.
The prosecution called Mr Hofman as their only witness, and otherwise relied on documents tendered by consent or through Mr Hofman.
Mr Hofman gave evidence that he is an authorised person to operate speed measuring equipment, 'Vitronic PoliScan Speed M1', and that the equipment was gazetted as an approved laser apparatus to ascertain the speed at which a vehicle is moving.[3] An extract from the Government Gazette of 1 September 2017 was adduced as exhibit…

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 Ireland v Jackson

Details

AGLC: Ireland v Jackson [2020] WASC 440
Case: [2020] WASC 440
Decision Date: 3 DECEMBER 2020

CaseChat Overview and Summary

In the case of Ireland v Jackson, the appellant, Ireland, appealed against his conviction for a traffic offence, specifically speeding, in the Magistrates Court of Victoria. Ireland's defence was that the certificate tendered by the prosecution, which was relied upon by both the prosecution and the magistrate to establish the prosecution witness's authority to give evidence, was invalid. The appellant argued that this invalidity constituted a miscarriage of justice, especially since he was unrepresented at the trial.

The primary legal issue before the court was whether the invalidity of the certificate constituted a miscarriage of justice under the circumstances, particularly given that the appellant was unrepresented at the time of trial. The court had to consider the significance of the invalid certificate and its reliance by both the prosecution and the magistrate, and whether this amounted to a fundamental error that warranted setting aside the conviction.

The court held that the invalidity of the certificate was indeed a significant error, given that it formed the basis of the prosecution witness's authority to give evidence. The court acknowledged the appellant's unrepresented status at the trial as an additional factor that underscored the miscarriage of justice. The court concluded that the invalid certificate led to a fundamental procedural error, warranting the setting aside of the conviction and the quashing of the order for the appellant to pay the costs of the prosecution. The appeal was allowed, and the conviction was quashed. The court ordered that the costs of the appeal be paid by the respondent.

Orders