Lingard v Dearnley [No 5]

Case [2008] WASCA 29


LINGARD -v- DEARNLEY [No 5] [2008] WASCA 29



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASCA 29
THE COURT OF APPEAL (WA)
Case No:SJA:1079/200417 DECEMBER 2007
Coram:STEYTLER P
MILLER JA
BEECH AJA
17/02/08
30Judgment Part:1 of 1
Result: Application for review dismissed
B
PDF Version
Parties:GARY EDWARD LINGARD
NICHOLAS DEARNLEY

Catchwords:

Traffic law
Road traffic offence
Regulation 126(2) of the Road Traffic Code 2000 (WA)
Minor traffic offence
Evidence
Second review of decision of single judge of appeal refusing appellant's application for leave to appeal
Turns on own facts
Practice and procedure
Governing legislation for applications for leave to appeal under the Justices Act 1902 (WA) that were pending before the repeal of the Justices Act and the commencement of the Criminal Appeals Act 2004 (WA)

Legislation:

Criminal Appeals Act 2004 (WA)
Justices Act 1902 (WA), s 187(1), s 206A
Road Traffic Code 2000 (WA), reg 126(2)
Supreme Court Act 1935 (WA), s 62

Case References:

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Hedge v Thurstun [2001] WASCA 43
Lingard v Dearnley [2004] WASCA 306
Lingard v Dearnley [2005] WASCA 122
Lingard v Dearnley [2007] WASCA 82
Mitchell v Myers (1955) 57 WALR 49
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Weal v Bottom (1966) 40 ALJR 436


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : LINGARD -v- DEARNLEY [No 5] [2008] WASCA 29 CORAM : STEYTLER P
    MILLER JA
    BEECH AJA
HEARD : 17 DECEMBER 2007 DELIVERED : 18 FEBRUARY 2008 FILE NO/S : SJA 1079 of 2004 BETWEEN : GARY EDWARD LINGARD
    Appellant

    AND

    NICHOLAS DEARNLEY
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : WHEELER JA

Citation : LINGARD -v- DEARNLEY [2005] WASCA 122

File No : SJA 1079 of 2004






(Page 2)



Catchwords:

Traffic law - Road traffic offence - Regulation 126(2) of the Road Traffic Code 2000 (WA) - Minor traffic offence - Evidence - Second review of decision of single judge of appeal refusing appellant's application for leave to appeal - Turns on own facts



Practice and procedure - Governing legislation for applications for leave to appeal under the Justices Act 1902 (WA) that were pending before the repeal of the Justices Act and the commencement of the Criminal Appeals Act 2004 (WA)

Legislation:

Criminal Appeals Act 2004 (WA)


Justices Act 1902 (WA), s 187(1), s 206A
Road Traffic Code 2000 (WA), reg 126(2)
Supreme Court Act 1935 (WA), s 62

Result:

Application for review dismissed

Category: B


Representation:

Counsel:


    Appellant : Mr D M Meagher
    Respondent : Ms J C Pritchard

Solicitors:

    Appellant : Denis Meagher
    Respondent : State Solicitor for Western Australia



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

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Hedge v Thurstun [2001] WASCA 43
Lingard v Dearnley [2004] WASCA…

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AGLC
Lingard v Dearnley [No 5] [2008] WASCA 29
Case
[2008] WASCA 29
Decision Date

CaseChat Overview and Summary

In Lingard v Dearnley, the defendant was convicted of a minor traffic offence in the Magistrates Court of Western Australia. The defendant sought to appeal the conviction but was refused leave to appeal by a single judge. The defendant then applied for a second review of the single judge's decision, which was ultimately dismissed by the Court of Appeal. The court was required to determine whether the single judge's decision was correct and whether the application for leave to appeal should be granted. The court considered the evidence and arguments presented and determined that the single judge's decision was correct. The court held that the application for leave to appeal was an appealable matter and was governed by the Justices Act 1902 (WA), which was in force at the time of the single judge's decision. The court found that the single judge had correctly applied the law and that the application for leave to appeal should be dismissed. The application for review was ultimately dismissed.

Orders

Orders of the court

Application for review 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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