JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: JWG -v- WA POLICE [2023] WASC 485
CORAM: LUNDBERG J
HEARD: 4 DECEMBER 2023
DELIVERED : 22 DECEMBER 2023
FILE NO/S: SJA 1067 of 2023
BETWEEN: JWG
Appellant
AND
WA POLICE
Respondent
ON APPEAL FROM:
For File No: SJA 1067 of 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE B AYLING
File Number : PE 52933/2021, PE 52934/2021 & PE 52935/2021
Catchwords:
Criminal law - Appeal against refusal to grant spent conviction orders - Two counts of common assault and one count of disorderly behaviour in public - Assaults against security officers and urinating in public - Whether miscarriage of justice in refusing to grant spent conviction orders - Whether convictions of such a nature they are relevant to prospective employers - Public interest considerations - Turns on own facts
Legislation:
Criminal Appeals Act 2004 (WA), s 6, s 7, s 8, s 9, s14 and s 40
Criminal Code 1913 (WA), s 74A(2)(a) and s 313(1)(b)
Sentencing Act 1995 (WA), s 39(2) and s 45
Spent Convictions Act 1988 (WA)
Result:
Leave to adduce further evidence granted
Leave to appeal allowed and appeal allowed
Spent conviction orders made
Category: B
Representation:
Counsel:
| Appellant | : | N R Sinton |
| Respondent | : | H M Cowie |
Solicitors:
| Appellant | : | Legal Aid - Perth - Criminal Appeals |
| Respondent | : | State Solicitor's Office |
Case(s) referred to in decision(s):
ADA v Director of Public Prosecutions [2022] WASC 112
Brewer v Bayens [2002] WASCA 271; (2002) 26 WAR 510
GNR v The State of Western Australia [2015] WASCA 5
Hull v Castledine [2005] WASC 225
Indich v Bracknell [2005] WASC 225
JJF v Tattersall [2018] WASC 170
Pagnoni v Jones [2023] WASC 356
R v Tognini [2000] WASCA 31
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Table of Contents
A. Introduction
B. The proceedings below
C. Evidence on appeal
D. Relevant principles
E. Disposition
F. Conclusion and orders
LUNDBERG J:
A. Introduction
The appellant applies for leave to appeal against the decision by the Learned Magistrate on 20 July 2023 to refuse to grant him spent convictions orders. The sole ground of appeal is that the refusal to grant those orders resulted in a miscarriage of justice.[1]
[1] Appeal notice dated 15 August 2023, pg 1. By consent, an order has been made to amend the appeal notice to substitute the miscarriage of justice ground for the previous ground. See ts 2-3, 4 December 2023.
The appellant's application for leave to appeal is made under div 2 of pt 2 of the Criminal Appeals Act 2004 (WA) (CA Act).
An aggrieved party may appeal a sentence imposed as a result of a conviction.[2] The grounds of appeal may include where there has been an error of law, where a sentence has been imposed that was inadequate, and where there has been a miscarriage of justice.[3]
[2] CA…
Keep reading for free
Create a free CaseChat account to read JWG v WA Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] WASC 485
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the refusal to grant spent conviction orders constituted a miscarriage of justice and whether the nature of the convictions rendered them irrelevant to prospective employers. The court had to consider the criteria for declaring convictions as spent, the relevance of the convictions to employment prospects, and the public interest factors that might justify retaining the convictions on criminal records.
The court found that the appellant's arguments did not establish a miscarriage of justice. The nature of the offences, involving violence against security officers and public disorder, weighed against the declaration of the convictions as spent. The court emphasised that the relevance of the convictions to employment prospects and the public interest considerations did not favour the granting of spent conviction orders. The court concluded that the refusal to declare the convictions as spent was not unjust and dismissed the appeal.
The court did not make any specific orders beyond dismissing the appeal. The convictions remained on the appellant's criminal record, and he did not obtain the spent conviction orders he sought.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.