Lancaster v Hyde

Case [2016] ACTSC 50


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Lancaster v Hyde

Citation:

[2016] ACTSC 50

Hearing Date:

23 April 2015

DecisionDate:

1 April 2016

Before:

Refshauge J

Decision:

1.    The appeal is dismissed.

2.    The finding of guilt and sentence of the Magistrates Court are confirmed.

3.    The parties be heard as to any consequential orders.

Catchwords:

APPEAL – Jurisdiction, practice and procedure – appeal from Magistrates Court – appeal against conviction – re-hearing – reliance on written evidence – unsafe and unsatisfactory decision – adverse inference drawn from failure to give evidence
– misapplication of law – irrelevant considerations

APPEAL – Jurisdiction, practice and procedure –
insufficient reasons for decision – reasons to be considered in context of earlier comments – reasons taken as a whole

CRIMINAL  LAW  – Jurisdiction, practice and procedure – ‘move on’ notice – fighting in a public place – self defence – defendant bears onus of proving self defence – initial aggressor may later act in self defence – consensual fighting – consent exceeded – no evidence of self defence

Legislation Cited:

Crime Prevention Powers Act 1998 (ACT), ss 4

Crimes Act 1900 (ACT), s 391
Crimes (Sentencing) Act 2005 (ACT), s 17
Evidence Act 2011 (ACT), s 97
Magistrates Court Act 1930 (ACT), ss 208, 208(1), 208(1)(b), Pt 3.6, Pt 3.10

Cases Cited:

Azzopardi v The Queen [2001] 205 CLR 50

Brooks v McShane (1996) 89 A Crim R 195
Christie v The Queen [2005] WASCA 55
Dyers v The Queen (2002) 210 CLR 285
Hall v CL (No 2) [2015] ACTSC 294
HML v The Queen (2008) 235 CLR 334
Mapham v Bannerman [2013] ACTSC 157
Martin v Department of Transport, Energy and Infrastructure [2010] SASC 141
Massey v The Queen [2001] FCA 1558
Massey v The Queen [2013] ACTCA 5
M v The Queen (1994) 181 CLR 487
O’Brien v Noble [2012] ACTCA 13
O’Connell v McMennemin [2014] ACTSC 112
R v Bonnick (1978) 66 Cr App R 266
R v Meyboom (2012) 256 FLR 450
R v Nguyen (1995) 36 NSWLR 397
R v Rao [2008] ACTSC 17
R v RPS (2000) 199 CLR 620
R v Youssef (1990) 50 A Crim R 1
Theodorelos v Nexus Projects Pty Ltd [2009] ACTSC 149
Upton v Cowling [2001] ACTSC 116
Weissensteiner v The Queen (1993) 178 CLR 217
Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645

Parties:

Douglas Lancaster (Appellant)

Geoffrey Hyde (Respondent)

Representation:

Counsel

Mr K Archer  (Appellant)

Mr M Reardon (Respondent)

Solicitors

Kamy Saeedi Law (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

SCA 92 of 2014

Decision under appeal:  

Court:  ACT Magistrates Court

Before:  Magistrate Doogan

Date of Decision:         24 September 2014

Case Title:  Geoffrey Hyde v Douglas Lancaster

Court File Number:       CC 1917 of 2014

REFSHAUGE J:

  1. Shortly after 1:00 am on 20 December 2013, a fight broke out between what appeared to be two groups of males on the footpath of London Circuit, close to Hobart Place and opposite the…

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Lancaster v Hyde [2016] ACTSC 50
Case
[2016] ACTSC 50
Decision Date

CaseChat Overview and Summary

The case of Lancaster v Hyde involved an appeal against a conviction and sentence in the Magistrates Court. The appellant, Lancaster, was found guilty of fighting in a public place and contravening a 'move on' notice. The respondent, Hyde, was also involved in the altercation. The appeal questioned the decision-making process and the sufficiency of reasons provided by the Magistrates Court, as well as the applicability of the self-defence argument.

The court was required to determine whether the appeal was validly brought, whether the Magistrates Court's decision was unsafe and unsatisfactory, and whether the court had misapplied the law or considered irrelevant factors. The appeal also questioned whether the Magistrates Court had properly considered the evidence, particularly in relation to the self-defence claim and the drawing of an adverse inference from the appellant's failure to give evidence.

The Court found that the appeal was validly brought, but ultimately dismissed it. The Court held that the Magistrates Court had considered the evidence as a whole and provided sufficient reasons for its decision. The Court found that the appellant had failed to discharge the onus of proving self-defence, and that the Magistrates Court had correctly drawn an adverse inference from the appellant's failure to give evidence. The Court held that the Magistrates Court had not misapplied the law or considered irrelevant factors, and that the decision was not unsafe and unsatisfactory.

The Court confirmed the finding of guilt and sentence of the Magistrates Court. The parties were to be heard as to any consequential orders.

Orders

Orders of the court

1. The appeal is dismissed.

2. The finding of guilt and sentence of the Magistrates Court are confirmed.

3. The parties be heard as to any consequential orders.

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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