KRYSIAK -v- CARRUTHERS [2013] WASCA 210

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2013] WASCA 210
Court:	THE COURT OF APPEAL (WA)
Case No:	CACR:18/2013	Heard:	15 AUGUST 2013
Coram:	McLURE P BUSS JA HALL J	Delivered:	10/09/13
No of pages:	9	Judgment Part:	1 of 1
Result:	Application for leave to appeal dismissed Appeal dismissed
Category:	B
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Parties:	TADEUSZ-EDMUND KRYSIAK JAKE TOBY CARRUTHERS
Catchwords:	Criminal law Application for leave to appeal against conviction Driving while under licence suspension Refusing to state name and address Admissibility of evidence Bias Whether error in equating 'refuse to do so' with 'fail to do so' Whether error in failure to set aside convictions under s 73 of the Criminal Procedure Act 2004 (WA) Turns on own facts
Legislation:	Criminal Appeals Act 2004 (WA), s 9, s 18, pt 2 Criminal Procedure Act 2004 (WA), s 55, s 71, s 73 Road Traffic Act 1974 (WA), s 49, s 53
Case References:	Krysiak v Carruthers [2012] WASC 472 Krysiak v McDonagh [2012] WASC 270 Krysiak v McDonagh [2013] WASCA 100

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : KRYSIAK -v- CARRUTHERS [2013] WASCA 210 CORAM : McLURE P

BUSS JA

HALL J

HEARD : 15 AUGUST 2013 DELIVERED : 10 SEPTEMBER 2013 FILE NO/S : CACR 18 of 2013 BETWEEN : TADEUSZ-EDMUND KRYSIAK

Appellant

AND

JAKE TOBY CARRUTHERS

Respondent

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : BEECH J

Citation : KRYSIAK -v- CARRUTHERS [2012] WASC 472

File No : SJA 1032 of 2012

Catchwords:

Criminal law - Application for leave to appeal against conviction - Driving while under licence suspension - Refusing to state name and address - Admissibility of evidence - Bias - Whether error in equating 'refuse to do so' with 'fail to do so' - Whether error in failure to set aside convictions under s 73 of the Criminal Procedure Act 2004 (WA) - Turns on own facts

Legislation:

Criminal Appeals Act 2004 (WA), s 9, s 18, pt 2

Criminal Procedure Act 2004 (WA), s 55, s 71, s 73
Road Traffic Act 1974 (WA), s 49, s 53

Result:

Application for leave to appeal dismissed

Appeal dismissed

Category: B

Representation:

Counsel:

Appellant : In person

Respondent : No appearance

Solicitors:

Appellant : In person

Respondent : No appearance

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

Krysiak v Carruthers [2012] WASC 472
Krysiak v McDonagh [2012] WASC 270
Krysiak v McDonagh [2013] WASCA 100

1 McLURE P: The appellant, a self-represented litigant, appeals against his convictions in the Magistrates Court for driving a motor vehicle while under licence suspension contrary to s 49 of the Road Traffic Act 1974 (WA) (RTA) and, as the driver of a motor vehicle, refusing to state his name and address when required to do so by a member of the police force, contrary to s 53 of the RTA.

2 The trial commenced before Magistrate Campione on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Krysiak v Carruthers

Details

AGLC: KRYSIAK -v- CARRUTHERS [2013] WASCA 210
Case: [2013] WASCA 210
Decision Date: 10 SEPTEMBER 2013

CaseChat Overview and Summary

The case of Krysiak v Carruthers involved the applicant, Krysiak, seeking leave to appeal against his conviction for driving while his license was suspended and for refusing to provide his name and address. The decision was made by the Court of Appeal of Western Australia. Krysiak was convicted in the Magistrates Court, and he sought to appeal against this conviction on several grounds, including the admissibility of evidence, bias in the trial, and procedural errors in the handling of his case.

The legal issues before the Court of Appeal revolved around whether the trial judge erred in equating 'refusal to do something' with 'failure to do something' when considering the applicant's actions. Additionally, the Court had to determine if there was any error in the trial judge's decision not to set aside the convictions under section 73 of the Criminal Procedure Act 2004 (WA). These issues were pivotal as they related to the interpretation of the evidence and the procedural fairness of the trial.

In dismissing the application for leave to appeal, the Court found that there was no miscarriage of justice that warranted an appeal. The Court held that the trial judge did not err in equating 'refuse to do so' with 'fail to do so', and that the trial judge's approach was consistent with established legal principles. Furthermore, the Court found no basis for setting aside the convictions, as the procedural steps taken were in accordance with the law. Consequently, the appeal was dismissed, and the original conviction stood.

The Court's decision was clear in affirming the trial judge's approach and the correctness of the procedural steps taken. The application for leave to appeal was dismissed, and the appeal itself was also dismissed, leaving the original conviction unaffected.

Orders

Orders of the court

Application for leave to appeal dismissed

Appeal dismissed

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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