JP v The Queen

[2020] NSWDC 477

District Court

New South Wales

Medium Neutral Citation:

JP v R [2020] NSWDC 477

Hearing dates:

06 August 2020

Date of orders:

06 August 2020

Decision date:

06 August 2020

Jurisdiction:

Criminal

Before:

Grant DCJ

Decision:

I dismiss the conviction appeal.

I dismiss the sentence appeal.

Catchwords:

CRIMINAL procedure- all grounds appeal- Juvenile- receive stolen property- possess implements to drive conveyance - unlawfully obtain goods in personal custody suspected of being stolen- knowingly drive stolen conveyance taken without consent of owner

Legislation Cited:

Criminal Procedure Act 1986

Crimes (Appeal and Review) Act 2001

Justices Act 1902

Cases Cited:

Allesch and Maunz [2000] HCA 40

In KD v R [2020] NSWDC 237

Director of Public Prosecutions (NSW) v Chaouk & Anor [2010] NSW SC 141

Dyason v Butterworth [2015] NSWCA 52

Director of Public Prosecutions v Lazzam [2016] NSW SC 145

Director of Public Prosecutions v West [2000] NSW CA 103; 48 NSW LR 647

Queensland v J L Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146

Charara v The Queen [2006] NSWCCA 244; 164 A Crim R 39

Director of Public Prosecutions v West [2000] NSWCA 103; 48 NSWLR 647

Category:

Procedural and other rulings

Parties:

JP (Appellant)
Regina (Crown)

Representation:

Solicitors:
Ms Melhuish (ALS)
Ms McFarlane (DPP)

File Number(s):

2019/00165400

Publication restriction:

non publication order in relation to the appellant's name

 Decision under appeal 

Court or tribunal:

Albury Children's Court

Date of Decision:

13 February 2020

Before:

Magistrate Funston

File Number(s):

2019/00165654

EX TEMPORE Judgment

1. HIS HONOUR: JP, the appellant, appeals against findings of guilt by his Honour Magistrate Funston at the Albury Children’s Court on 13 February 2020. Sentencing occurred on 17 March 2020.

2. The appellant was found guilty of the following offences:

1. Receive stolen property;

2. Possess implements to drive conveyance;

3. Unlawfully obtain goods in personal custody suspected of being stolen;

4. Knowingly drive stolen conveyance taken without consent of owner.

3. He pleaded guilty to a charge of possess a prohibited drug, namely cannabis leaf.

4. Ms Melhuish, who appears for the appellant, contends that the appellant is not required to demonstrate error on the part of the learned magistrate, she relies upon what was said in Allesch and Maunz [2000] HCA 40. I reject that submission.

5. In KD v R [2020] NSWDC 237 I considered a similar submission. I rely upon what I said at [9] - [17] in rejection of the current submission.

6. It is incumbent upon the appellant to demonstrate that the order, the subject of the appeal, is the result of a legal, factual or discretionary error, in which event the appellate court can substitute its own decision based on the facts and law as they then stand: Dyason v Butterworth [2015] NSWCA 52 at [28].

7. The police case in the lower court comprised two witnesses; Shaun O’Brien and Senior Constable Lisa Roberts. A number of statements, photographs, and the ERISP of the appellant were tendered and became exhibit 1. I have read those documents.

8. Mr O’Brien gave evidence over…