Krysiak v Hodgson

[2009] WASCA 114

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT :   THE COURT OF APPEAL (WA)

CITATION:   KRYSIAK -v- HODGSON [2009] WASCA 114

CORAM:   PULLIN JA

MILLER JA

HEARD:   5 MAY 2009

DELIVERED          :   5 MAY 2009

FILE NO/S:   CACR 5 of 2009

BETWEEN:   TADEUSZ EDMUND KRYSIAK

Appellant

AND

PAUL RICHARD HODGSON
Respondent

ON APPEAL FROM:

Jurisdiction              :  SUPREME COURT OF WESTERN AUSTRALIA

Coram  :McKECHNIE J

Citation  :KRYSIAK -v- HODGSON [2009] WASC 16

File No  :SJA 1096 of 2008

Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram  :MAGISTRATE B A LANE

File No  :PE 37358 of 2008

Catchwords:

Appeal - Leave to appeal - 50 draft grounds of appeal - 42 grounds of appeal in appellant's case - Whether reasonable prospect of success

Legislation:

Criminal Appeals Act 2004 (WA)
Criminal Procedure Act 2004 (WA)

Result:

Leave to appeal refused
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant:     In person

Respondent:     Ms D E Quinlan

Solicitors:

Appellant:     In person

Respondent:     State Solicitor for Western Australia

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

Glew v Shire of Greenough [2006] WASCA 260

Krysiak v Hodgson [2009] WASC 16

Samuels v Western Australia [2005] WASCA 193; (2005) 30 WAR 473

Shaw v Jim McGinty in his capacity as Attorney General [2006] WASCA 231

Stead v State Government Insurance Commission (1986) 161 CLR 141

1. PULLIN JA:  The appellant seeks leave to appeal against the decision of McKechnie J, who refused leave to appeal against the decision of Magistrate B A Lane.  Magistrate B A Lane convicted the appellant of driving a motor vehicle 7 km per hour in excess of the speed limit, which was 70 km per hour.  Section 17(2) of the Criminal Appeal Act 2004 (WA) states:

   The appeal must be commenced by lodging with the Court of Appeal an application for leave to appeal that sets out the grounds of appeal.

2. The appellant did not appear to make oral submissions to McKechnie J.  His Honour's reasons for refusing leave to appeal, found in Krysiak v Hodgson [2009] WASC 16, are short and read as follows:

   The appellant sought to challenge the jurisdiction of the Magistrates Court on the prosecution notice before another Magistrate but was unsuccessful.  When he tried to challenge jurisdiction again before the presiding Magistrate, she correctly pointed out that the matter had been ruled upon and the trial then proceeded.

   The police called the Multanova operator who gave evidence as to the conduct in relation to the car and the photograph taken.  The Magistrate correctly identified the legal principles and the burden of standard of proof and convicted the appellant who was then fined $75 together with costs.  It is from that conviction that he seeks leave to appeal.

   The grounds of appeal number 33, and the application for relief number 7.  Ground 1 is simply incomprehensible. 

   Grounds 2 to 10 are vexatious.  They seek in broad terms to advance an argument that there is some defect in the Court because the magistrates did…