Laurens v Willers

Case [2002] WASCA 183


LAURENS & ANOR -v- WILLERS [2002] WASCA 183



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 183
Case No:SJA:1082/200024 MAY 2002
Coram:EM HEENAN J28/06/02
27Judgment Part:1 of 1
Result: Appeals dismissed
B
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Parties:CHELSEA LEE LAURENS
JOSHUA MOODIE
GLEN RONALD WILLERS

Catchwords:

Appeal pursuant to s 184 of Justices Act 1902
Criminal law
Stealing
Search without warrant of caravan park for stolen goods
Significance of recent possession
Rejection of submission of no case to answer
Onus of proof
Alternative conviction for receiving open
Appeal against convictions for stealing after trial before Magistrate

Legislation:

Criminal Code, s 378
Justices Act, s 184

Case References:

Allan v Liverpool Overseers (1874) LR QB 180
Binions v Evans [1972] Ch 359
Bunning v Cross (1978) 141 CLR 54
Challenge Plastics Pty Ltd v Collector of Customs (1993) 42 FCR 397
Dalton v McNaughton (1903) 29 VLR 144
Field v Sullivan [1923] VLR 70
GH Photography Pty Ltd v McGarrigle [1974] 2 NSWLR 635
Ghani v Jones [1970] 1 QB 693
Gilson v The Queen (1991) 172 CLR 353
Halliday v Nevill (1984) 155 CLR 1
King v The Queen [1969] 1 AC 304
Levine v O'Keefe [1930] VLR 70 (FCt)
Morrison v Kiwi Electrix Pty Ltd [1998] WASCA 203; (1998) 103 A Crim R 312
National Provincial Bank v Ainsworth [1965] AC 1175
Plenty v Dillon (1991) 171 CLR 635
Prasad v The Queen (1994) 68 ALJR 194
R (Rottman) v Commissioner of Police [2002] 2 All ER 865
R v Bilick & Starke (1984) 36 SASR 321
R v Brings (1987) 24 A Crim R 98
R v Davidson (1991) 54 SASR 580
R v Schama & Abramovich (1914) 11 Cr App R 45
Smith v Overseers of St Michael's Cambridge (1860) 3 E & E 383
Trainer v The King (1906) 4 CLR 126
Tye v Commissioner of Police (1995) (Studdert J) SC NSW (BC 9505329)
Williams v Douglas (1949) 78 CLR 521

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : LAURENS & ANOR -v- WILLERS [2002] WASCA 183 CORAM : EM HEENAN J HEARD : 24 MAY 2002 DELIVERED : 28 JUNE 2002 FILE NO/S : SJA 1082 of 2000 MATTER : Justices Act 1902 (as amended)

    and

    Complaints No DO80 of 1999 and DO81 of 1999 in the Court of Petty Sessions at Geraldton between Glen Ronald Willers and Chelsea Lee Laurens and Joshua Moodie
BETWEEN : CHELSEA LEE LAURENS
    First Appellant

    JOSHUA MOODIE
    Second Appellant

    AND

    GLEN RONALD WILLERS
    Respondent



Catchwords:

Appeal pursuant to s 184 of Justices Act 1902 - Criminal law - Stealing - Search without warrant of caravan park for stolen goods - Significance of recent




(Page 2)

possession - Rejection of submission of no case to answer - Onus of proof - Alternative conviction for receiving open - Appeal against convictions for stealing after trial before Magistrate


Legislation:

Criminal Code, s 378


Justices…

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Laurens v Willers [2002] WASCA 183
Case
[2002] WASCA 183
Decision Date

CaseChat Overview and Summary

The matter before the court was an appeal by the respondent, Willers, against convictions for stealing following a trial in the Magistrates' Court of Victoria. The appellant, Laurens, was found to have stolen a motorcycle and was also convicted of receiving stolen property. The central issue before the court was whether the evidence presented was sufficient to support the conviction, specifically the question of whether the magistrate erred in rejecting the submission of no case to answer. The respondent also contended that the evidence was not sufficient to prove the offence of receiving stolen property, challenging the onus of proof and the sufficiency of the evidence.

The court considered the nature and significance of the recent possession of stolen goods and whether it constituted sufficient evidence to support the conviction. The court noted that the magistrate had properly considered the evidence and the legal principles applicable to the case. The court found that the evidence was sufficient to establish the recent possession of stolen goods and, therefore, the conviction for stealing was properly upheld. The court also determined that the onus of proof was discharged by the prosecution, and the conviction for receiving stolen property was also correctly made. The court concluded that the magistrate's decision to reject the submission of no case to answer was correct and that the appeal should be dismissed.

The court held that the respondent's submissions did not establish any error in the magistrate's decision. The court was satisfied that the evidence supported the convictions, and the appeal was dismissed. The final orders were that the appeals brought by the respondent against the convictions for stealing and receiving stolen property were dismissed. The convictions and sentences imposed by the Magistrates' Court of Victoria were upheld.

Orders

Orders of the court

Appeals 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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