King v City of Perth

The appellant, Paul Anthony King, appealed against his convictions for two parking offences, arguing that the magistrate denied him procedural fairness by convicting him in his absence. The magistrate had proceeded with the hearing without the appellant's presence, following the procedure in s 55 of the Criminal Procedure Act 2004 (WA) (CP Act), which allows for a conviction in the absence of the accused if they do not appear at a hearing. The court was satisfied that the administrative oversight which led to the magistrate being unaware of the appellant's request for an adjournment resulted in a denial of procedural fairness. The court held that the error was such a departure from the essential requirements of the law that it goes to the root of the proceedings, and thus, the proviso in s 14(2) of the Criminal Appeals Act 2004 (WA) (CA Act) does not apply. Furthermore, the court could not be satisfied beyond reasonable doubt about the appellant's guilt in light of the evidentiary material presented. Consequently, leave to appeal was granted on grounds 3 and 4, the appeal was allowed, the convictions were set aside, and the charges were remitted to the Magistrates Court for a hearing according to law. The appeal will be listed for a directions hearing to address the appropriate costs orders.