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Krysiak v Carruthers

Krysiak v Carruthers

Case [2012] WASC 472 11 December 2012

Appeal

Jurisdiction

Constitutional Validity

Criminal Law

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JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL

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

CORAM: BEECH J

HEARD: 27 NOVEMBER 2012

DELIVERED : 11 DECEMBER 2012

FILE NO/S: SJA 1032 of 2012

BETWEEN: TADEUSZ EDMUND KRYSIAK
Appellant
AND
JAKE TOBY CARRUTHERS
Respondent

ON APPEAL FROM:
Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram  :MAGISTRATE E D CAMPIONE
File No  :PE 18029 of 2011, PE 18030 of 2011

Catchwords:

Application for leave to appeal against conviction - Traffic offences - Constitutional issues - Whether magistrate erred in convicting appellant - Turns on own facts

Legislation:

Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA), pt 3, s 101C, s 103
Road Traffic Act 1974 (WA), s 49, s 58

Result:

Application for leave to appeal dismissed

Category: B

Representation:

Counsel:

Appellant: In person
Respondent: Mr P D Spragg

Solicitors:

Appellant: In person
Respondent: State Solicitor for Western Australia

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

AMS v AIF [1999] HCA 26; (1999) 199 CLR 160
APLA Ltd v Legal Services Commissioner (NSW) [2005] HCA 44; (2005) 224 CLR 322
Bell v Police [2012] SASC 188
Krysiak v McDonagh [2012] WASC 270
Libke v The Queen [2007] HCA 30; (2007) 230 CLR 559
M v The Queen [1994] HCA 63; (1994) 181 CLR 487
O'Connell v State of Western Australia [2012] WASCA 96
Richards v Stange (Unreported, WASCA, Library Nos 168 to 170, 2 April 1982)
Shaw v McGinty in his capacity as Attorney General [2006] WASCA 231
State of South Australia v Totani [2010] HCA 39; (2010) 242 CLR 1
The State of Western Australia v Olive [2011] WASCA 25

BEECH J:

Introduction

The appellant was convicted in the Magistrates Court of driving while under licence suspension, and of being a driver, refusing to state his name and address when required to do so by a member of the police force. He seeks leave to appeal against these convictions.
For the reasons that follow, I am satisfied that none of the proposed grounds of appeal has any reasonable prospects of succeeding. Consequently, I would refuse leave to appeal.

The charges

The appellant was charged with two offences:
(1)that on 25 February 2011, in Rivervale, he was the driver of motor vehicle registration number 1DAE 730, and when required by a member of the police force to state his name and place of abode, he refused to do so; and
(2)that on 25 February 2011, in Rivervale, when driving the motor vehicle registration number IDAE 730 on Kooyong Road he was not authorised under pt IVA of the Road Traffic Act 1974 (WA) to do so, having been disqualified from holding or obtaining a driver's licence under a licence suspension order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA) (FPINE Act).
The first offence is contrary to s 58 of the Road Traffic Act. The second offence is contrary to s 49.

The trial

The charges were listed for…

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 [2012] WASC 472
Case: [2012] WASC 472
Decision Date: 11 DECEMBER 2012

CaseChat Overview and Summary

The case of Krysiak v Carruthers involved an application for leave to appeal against the conviction of the appellant, Krysiak, who was found guilty of traffic offences. The matter was heard in the Court of Appeal, where the appellant sought to challenge the decision made by the magistrate in convicting them. The appellant argued that the magistrate erred in convicting them and that constitutional issues should be considered in the appeal.

The primary legal issue before the court was whether the magistrate erred in convicting the appellant. This issue turned on the unique facts of the case, which included arguments about the constitutionality of certain provisions of the relevant traffic legislation and the magistrate's application of the law to those facts. The court was required to consider whether the magistrate correctly interpreted and applied the law in reaching their decision, and whether any errors made by the magistrate were sufficient to warrant a new trial or appeal.

The court found that the magistrate did not err in convicting the appellant. The court considered the arguments made by the appellant regarding the constitutional issues and found that they did not have merit. The court further found that the magistrate correctly interpreted and applied the relevant traffic legislation to the facts of the case and that any errors made by the magistrate were not significant enough to warrant a new trial or appeal. The court ultimately denied the appellant's application for leave to appeal against their conviction.

In conclusion, the court found that the magistrate did not err in convicting the appellant and denied the application for leave to appeal. The court's decision was based on a thorough analysis of the legal issues and the unique facts of the case. The appellant's arguments regarding the constitutional issues were found to be without merit, and the court upheld the magistrate's decision.

Orders