JAKICH -v- PARISH [2015] WASCA 58

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WASCA 58
Court:	THE COURT OF APPEAL (WA)
Case No:	CACR:127/2014	Heard:	18 NOVEMBER 2014
Coram:	BUSS JA MAZZA JA HALL J	Delivered:	20/03/15
No of pages:	13	Judgment Part:	1 of 1
Result:	Leave to appeal refused Appeal dismissed
Category:	B
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Parties:	DION PETER JAKICH LEON JOHN PARISH
Catchwords:	Criminal law Appeal against conviction Appellant convicted after trial of doing an indecent act in the sight of a person who was in a public place Whether verdict unreasonable or cannot be supported having regard to the evidence Whether magistrate made a material error of fact Whether a miscarriage of justice occurred at the trial
Legislation:	Criminal Appeals Act 2004 (WA), s 9 Criminal Code (WA), s 203(1)(a)
Case References:	DPJB v The State of Western Australia [2010] WASCA 12 Lawless v The Queen [1979] HCA 49; (1979) 142 CLR 659 Mack v The State of Western Australia [2014] WASCA 207

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : JAKICH -v- PARISH [2015] WASCA 58 CORAM : BUSS JA

MAZZA JA

HALL J

HEARD : 18 NOVEMBER 2014 DELIVERED : 20 MARCH 2015 FILE NO/S : CACR 127 of 2014 BETWEEN : DION PETER JAKICH

Appellant

AND

LEON JOHN PARISH

Respondent

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : EDELMAN J

Citation : JAKICH -v- PARISH [2014] WASC 205

File No : SJA 1117 of 2013

Catchwords:

Criminal law - Appeal against conviction - Appellant convicted after trial of doing an indecent act in the sight of a person who was in a public place - Whether verdict unreasonable or cannot be supported having regard to the evidence - Whether magistrate made a material error of fact - Whether a miscarriage of justice occurred at the trial

Legislation:

Criminal Appeals Act 2004 (WA), s 9

Criminal Code (WA), s 203(1)(a)

Result:

Leave to appeal refused

Appeal dismissed

Category: B

Representation:

Counsel:

Appellant : In person

Respondent : No appearance

Solicitors:

Appellant : In person

Respondent : Director of Public Prosecutions (WA)

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

DPJB v The State of Western Australia [2010] WASCA 12
Lawless v The Queen [1979] HCA 49; (1979) 142 CLR 659
Mack v The State of Western Australia [2014] WASCA 207

1 BUSS JA: On 5 August 2013, the appellant was convicted, after a trial on 6 May 2013 in the Magistrates Court before Magistrate Hamilton, on one charge in a prosecution notice of doing an indecent act in the sight of a person who was in a public place, contrary to s 203(1)(a) of the Criminal Code (WA) (the Code).

2 The magistrate sentenced the appellant to a 6-month community based order with 80 hours of community service.

3 The appellant applied for leave to appeal to the Supreme Court against his conviction. The appeal was governed by div…

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 Jakich v Parish

Details

AGLC: Jakich v Parish [2015] WASCA 58
Case: [2015] WASCA 58
Decision Date: 20 MARCH 2015

CaseChat Overview and Summary

The case of Jakich v Parish involved the appellant appealing against his conviction for committing an indecent act in a public place. The respondent, Parish, brought the matter to the court following an incident where the appellant was accused of committing an indecent act in front of a person in a public setting. The case was heard and decided by the court, which had to determine the validity of the appellant's conviction.

The primary legal issue before the court was whether the verdict reached by the magistrate was unreasonable or could not be supported based on the evidence presented at trial. The court was also required to consider whether the magistrate had made a material error of fact, and if such an error led to a miscarriage of justice during the trial. The appellant argued that the evidence was insufficient to support the conviction, and that the magistrate's findings were flawed.

In examining the evidence, the court found that the magistrate's decision was not unreasonable, and that there was sufficient evidence to support the conviction. The court concluded that no material error of fact had been made, and that there was no miscarriage of justice during the trial. The court dismissed the appeal, and denied the appellant leave to appeal the decision.

No further orders were made by the court in this case. The conviction of the appellant stands, and the decision of the magistrate remains valid.

Orders

Orders of the court

Leave to appeal refused

Appeal dismissed

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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