Kwok v City of Subiaco

Michele Kwok, the appellant, contested a parking infringement notice issued by the City of Subiaco, the respondent, following an incident on 18 November 2021, where she parked her vehicle on a designated reserve without written consent. The matter was prosecuted in the Perth Magistrates Court, where Kwok pleaded not guilty. After a trial, Kwok was found guilty and fined $70, along with an order for costs amounting to $1,500. Kwok appealed against her conviction to the Supreme Court of Western Australia, seeking leave to appeal on multiple grounds.

The legal issues before the court involved whether the magistrate made an error of fact or law, or if the conviction was unsatisfactory in light of the evidence. The court examined the evidence, including certificates, photographs, and testimonies, to determine the validity of Kwok's parking on the reserve and the applicability of her defence of honest and reasonable mistake.

Whitby J concluded that the evidence presented by the City of Subiaco sufficiently established that the area where Kwok parked was a reserve under the Parking Local Law, and that Kwok lacked written permission to park there. The court found that Kwok's belief that she was legally permitted to park on the reserve was an honest but mistaken one, and not objectively reasonable given the circumstances. Furthermore, the court held that ignorance of the law does not excuse an offence unless the law explicitly requires knowledge as an element of the offence. The court was satisfied that the prosecution had proven each element of the charge beyond reasonable doubt.

Given the findings, the court determined that none of the grounds of appeal had a reasonable prospect of success. Consequently, leave to appeal was refused on all grounds, and the appeal was dismissed. The court will hear submissions on the matter of costs.