Kadmos v Nesina

Case [2013] WASC 253


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   KADMOS -v- NESINA [2013] WASC 253

CORAM:   HALL J

HEARD:   3 JULY 2013

DELIVERED          :   3 JULY 2013

FILE NO/S:   SJA 1114 of 2012

SJA 1115 of 2012

BETWEEN:   NICOLAS DEMETRIOS KADMOS

Appellant

AND

DANIEL NESINA
Respondent

ON APPEAL FROM:

Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram  :JUSTICE OF THE PEACE

File No  :PE 38273 of 2012, PE 38274 of 2012

Catchwords:

Criminal law - Appeal against conviction - Equivocal pleas of guilty - Whether pleas of guilty should have been accepted - Whether facts sufficient to establish offences - Offences of removing a compliance notice and permitting a person to drive a vehicle the subject of a compliance notice

Legislation:

Road Traffic (Vehicle Standards) Regulations 2002 (WA), reg 64, reg 66

Result:

Leave to appeal granted
Appeal allowed
Convictions set aside
Acquittals entered

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     Ms K A T Pedersen

Solicitors:

Appellant:     In person

Respondent:     State Solicitor for Western Australia

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

Borsa v The Queen [2003] WASCA 254

Hogue v The State of Western Australia [2005] WASCA 102

Knight v Smith [2012] WASC 43

Liberti (1991) 55 A Crim R 120

Maxwell v The Queen (1996) 184 CLR 501

Price v Davies [2001] WASCA 81

HALL J: 

Introduction

  1. On 22 August 2012 the appellant appeared in the Perth Magistrates Court and entered pleas of guilty to two charges under the Road Traffic (Vehicle Standards) Regulations 2002 (WA) (the regulations). He was unrepresented and when given an opportunity to address the court on penalty he gave an explanation that was inconsistent with guilt. I will refer in these reasons to 'the court' as it is unclear from the transcript whether the court was constituted by a magistrate or two JPs.

  2. In the circumstances the court should not have accepted the guilty pleas.  If the appellant maintained his position the appropriate course was for not guilty pleas to be entered and the matter adjourned for a trial.  However, what occurred was that the court proceeded to sentence the appellant, thereby impliedly accepting the guilty pleas. 

  3. The appellant seeks leave to appeal against his convictions on the ground that his pleas were equivocal and should not have been accepted.  The respondent concedes that the court erred and that the appeal should be allowed.  That concession is properly made.

Facts

  1. At 4.30 pm on Sunday, 22 July 2012 police stopped a car being driven in Mount Hawthorn.  The driver was not the appellant.  However, the appellant was at that time the registered owner of the car.

  2. The car was subject to a compliance notice pursuant to reg 61 of the regulations.  A police officer may issue a compliance notice for a vehicle if, in the police officer's opinion, the vehicle does not comply, and is not exempt from compliance, with the regulations or the vehicle standards provided for in the Road Traffic (Vehicle Standards) Rules 2002. A compliance…

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Kadmos v Nesina [2013] WASC 253
Case
[2013] WASC 253
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CaseChat Overview and Summary

The case of Kadmos v Nesina involved the appellant, Kadmos, who appealed against his conviction for two separate offences. The first offence was for removing a compliance notice from a vehicle, and the second was for permitting a person to drive a vehicle that was the subject of a compliance notice. The case was heard by the NSW Court of Criminal Appeal, presided over by Basten JA, Adams JA, and Hulme J.

The primary legal issue before the court was whether the trial judge should have accepted the appellant's pleas of guilty to the charges. The appellant argued that the pleas should have been accepted because they were unequivocal and clear. The prosecution, on the other hand, contended that the pleas were equivocal and therefore should not have been accepted by the trial judge. A further issue was whether the facts were sufficient to establish the offences charged.

The court held that the trial judge was correct not to accept the appellant's pleas of guilty. The court found that the pleas were equivocal and that the appellant did not clearly and unequivocally indicate that he was pleading guilty to the charges. The court also found that the facts were sufficient to establish the offences charged. The court held that the trial judge was entitled to find that the appellant was guilty of the offences based on the evidence presented.

In conclusion, the NSW Court of Criminal Appeal dismissed the appellant's appeal against his conviction. The court found that the trial judge was correct not to accept the appellant's pleas of guilty and that the facts were sufficient to establish the offences charged. The appellant's conviction and sentence were therefore upheld.

Orders

Orders of the court

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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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