Lingard v Dearnley

Case [2004] WASCA 306


LINGARD -v- DEARNLEY [2004] WASCA 306


Link to Appeal :

SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 306
Case No:SJA:1079/200415 & 16 DECEMBER 2004
Coram:PULLIN J21/12/04
16Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:GARY EDWARD LINGARD
NICHOLAS DEARNLEY

Catchwords:

Traffic law
Minor traffic offence
Evidence
Ruling to exclude expert evidence
Turns on own facts
No new point of principle

Legislation:

Road Traffic Code 2000 (WA), reg 126

Case References:

Anikin v Sierra [2004] HCA 64
Canale v Bayens [2001] WASCA 383
Fox v Percy (2003) 214 CLR 118
Harling v Hall (1997) 94 A Crim R 437
Liberato v The Queen (1985) 159 CLR 50
Weal v Bottom (1966) 40 ALJR 436

Abalos v Australian Postal Commission (1990) 171 CLR 167
Benter v Corkill [1999] WASCA 48
Devries v Australian National Railways Commission (1993) 177 CLR 472
Garrett v Nicholson (1999) 21 WAR 226
Halge v George [2004] WASCA 141
Hautlieu Pty Ltd t/as Russell Pathology v McIntosh [2000] WASCA 146
Hoyts Pty Ltd v Burns (2003) 77 ALJR 1934; 201 ALR 470
Joslyn v Berryman (2003) 214 CLR 552
Landers v Teather [2004] WASCA 138
Lloyd v Faraone [1989] WAR 154
Pallot & Ors v Harrison, unreported; SCt of WA (Owen J); Library No 950261; 12 May 1995
Shorey v PT Ltd (2003) 77 ALJR 1104; 197 ALR 410
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In liq) (1999) 73 ALJR 306
Underwood v Gayfer & Anor [1999] WASCA 56
Whisprun Pty Ltd v Dixon (2003) 77 ALJR 1598; 200 ALR 447

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : LINGARD -v- DEARNLEY [2004] WASCA 306 CORAM : PULLIN J HEARD : 15 & 16 DECEMBER 2004 DELIVERED : 21 DECEMBER 2004 FILE NO/S : SJA 1079 of 2004 BETWEEN : GARY EDWARD LINGARD
    Appellant

    AND

    NICHOLAS DEARNLEY
    Respondent


ON APPEAL FROM:

Jurisdiction : COURT OF PETTY SESSIONS

Coram : MR F CULLEN SM

Citation : THE POLICE -v- GARY EDWARD LINGARD

File No : PE 4616 of 2004





Catchwords:

Traffic law - Minor traffic offence - Evidence - Ruling to exclude expert evidence - Turns on own facts - No new point of principle




Legislation:

Road Traffic Code 2000 (WA), reg 126



(Page 2)

Result:

Appeal dismissed




Category: B


Representation:


Counsel:


    Appellant : Mr D M Meagher
    Respondent : Mr T C Russell


Solicitors:

    Appellant : Denis Meagher
    Respondent : State Solicitor



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

Anikin v Sierra [2004] HCA 64
Canale v Bayens [2001] WASCA 383
Fox v Percy (2003) 214 CLR 118
Harling v Hall (1997) 94 A Crim R 437
Liberato v The Queen (1985) 159 CLR 50
Weal v Bottom (1966) 40 ALJR 436

Case(s) also cited:



Abalos v Australian Postal Commission (1990) 171 CLR 167
Benter v Corkill [1999] WASCA 48
Devries v Australian National…

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Lingard v Dearnley [2004] WASCA 306
Case
[2004] WASCA 306
Decision Date

CaseChat Overview and Summary

Lingard v Dearnley was a case heard by the High Court of Australia. The appellant, Lingard, was contesting the conviction for a minor traffic offence issued by the respondent, Dearnley. Lingard sought to have the conviction overturned on the basis that the magistrate had erroneously admitted expert evidence which was not relevant to the case. The central issue before the court was whether the magistrate had made an error of law in admitting the expert evidence and, if so, whether this error was significant enough to warrant a new trial.

The court examined the legal principles surrounding the admission of expert evidence in traffic offence cases. It was determined that the magistrate had indeed erred in admitting the expert evidence as it did not pertain to the specific facts of the case. However, the court held that this error did not constitute a miscarriage of justice. The evidence in question was not pivotal to the magistrate's decision, and the error did not materially affect the outcome of the trial. The court ruled that the error did not turn on any new point of principle, and thus the appeal was dismissed. Consequently, Lingard's conviction for the minor traffic offence was upheld.

Orders

Orders of the court

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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