[2020] TASSC 61
| COURT: | SUPREME COURT OF TASMANIA |
| CITATION: | Jordan v Rutland [2020] TASSC 61 |
| PARTIES: | JORDAN, Brendan John |
| v | |
| RUTLAND, Anthony (Sergeant) | |
| FILE NO: | LCA 836/2020 |
| DELIVERED ON: | 18 December 2020 |
| DELIVERED AT: | Launceston |
| HEARING DATE: | 24 July 2020 |
| JUDGMENT OF: | Brett J |
| CATCHWORDS: |
Magistrates – Hearing – Evidence – Other matters – Matters relating to decision – Appeal against finding of guilt on one count of assault and one count of trespass – Whether finding of guilt was reasonably open to magistrate – Conclusions drawn by magistrate clearly open.
Phillips v Arnold [2009] TASSC 43, 19 Tas R 21; Cuthbert v Coates [2018] TASSC 7, cited.
Aust Dig Magistrates [1153].
Criminal Law – Particular offences – Assault – Generally – Definition of assault – Elements of the offence – Finding that the applicant was subjectively reckless in applying force to the complainant sufficient to amount to an assault.
Tasmania v Oates [2017] TASSC 39, applied.
Aust Dig Criminal Law [2208]
REPRESENTATION:
Counsel:
Applicant: M Doyle Respondent: S Nicholson
Solicitors:
Applicant: Clarke & Gee Respondent: Director of Public Prosecutions
| Judgment Number: | [2020] TASSC 61 |
| Number of paragraphs: | 16 |
Serial No 61/2020
File No LCA 836/2020
BRANDAN JOHN JORDAN v SERGEANT ANTHONY RUTLAND
| REASONS FOR JUDGMENT | BRETT J 18 December 2020 |
1 The applicant was charged with two offences arising out of events which occurred at Falmouth on 24 September 2018. It was alleged that the applicant had assaulted the complainant after an argument between them, by driving his motor vehicle at her and striking her with it. It was also alleged that he had then driven off, thereby failing to stop and give assistance, in breach of s 33(2) of the Traffic Act 1925.
2 After a hearing conducted on 3 and 17 March 2020, Magistrate S Cure found the applicant guilty of both charges. Although he had pleaded not guilty to both, his counsel had, in submissions, conceded his guilt with respect to the failing to stop charge. However, he maintained his dispute as to guilt in respect of the alleged assault. The applicant now seeks to review the magistrate's finding of guilt on that charge.
3 The sole ground of review is that that finding was not reasonably open to the magistrate on the evidence. The principles applicable on a review based on this ground were summarised by me in Cuthbert v Coates [2018] TASSC 7 as follows at [4] and [5]:
The test applicable to a review of a magistrate's findings of fact upon the evidence, pursuant to s 107 of the Justices Act 1959, is not in dispute. That test was succinctly stated by Crawford CJ (with whom Blow and Porter JJ) agreed, in Phillips v Arnold [2009] TASSC 43, 19 Tas R 21:
'A motion to review is not of the nature of an appeal by way of rehearing and the principles of Warren v Coombes (1979) 142 CLR 531 do not…
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CaseChat Overview and Summary
The primary legal issue that the County Court had to decide was whether the magistrate's findings of guilt on one count of assault and one count of trespass were reasonably open. This required the court to review the evidence presented and determine if the conclusions drawn by the magistrate were clearly open based on that evidence.
The County Court found that the magistrate's conclusions were clearly open. The court noted that the evidence, when viewed in its entirety, supported the findings of guilt. The court emphasised that in assessing whether a finding of guilt is reasonably open, it must be open to a reasonable mind, having regard to the evidence and the context in which it was given. The County Court concluded that the magistrate's findings were well within the bounds of what a reasonable mind could conclude, given the evidence. The appeal was, therefore, dismissed.
No further orders were made by the County Court beyond the dismissal of the appeal. The original findings of guilt in the Magistrates Court were upheld.
Orders
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