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
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.
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…
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- AGLC
- Krysiak v Hodgson [2009] WASCA 114
- Case
- [2009] WASCA 114
- Decision Date
CaseChat Overview and Summary
The court needed to decide if there was a reasonable prospect of success for Mr Krysiak's appeal. This involved an assessment of the 42 grounds of appeal that Mr Krysiak had presented, in contrast to the initial 50 draft grounds. The court's evaluation of these grounds was critical, as it would determine the likelihood of the appeal succeeding and whether it should proceed to a full hearing.
The court found that there was no reasonable prospect of success for the appeal. The reasons provided were that the grounds of appeal did not sufficiently challenge the primary decision or identify any substantial error in the lower court's findings. Consequently, the court dismissed the appeal and refused leave to appeal. This decision was final, and no further appeal was permitted.
Orders
Orders of the court
Leave to appeal refused
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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