LONG -v- MAYGER [2004] WASCA 41
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 41 | |
| THE FULL COURT (WA) | 15/03/2004 | ||
| Case No: | SJA:1117/2003 | 4 FEBRUARY 2004 | |
| Coram: | MALCOLM CJ STEYTLER J MCKECHNIE J | 4/02/04 | |
| 28 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed, Sentence of 11 months' imprisonment suspended for 2 years | ||
| A | |||
| PDF Version |
| Parties: | JAMES HOWARD LONG WAYNE KEVIN MAYGER |
Catchwords: | Courts and judges Apprehension of bias Application to Magistrate to disqualify himself Factual matters put to Magistrate Facts wrong Application withdrawn Subsequent application based on Magistrate's reaction to earlier application Criminal law Unlawful wounding Sentence Whether term of imprisonment should have been suspended |
Legislation: | Sentencing Act 1995, s 39 |
Case References: | Dinsdale v The Queen (2000) 202 CLR 321 Ebner v Official Trustee in Bankruptcy (2000) HCA 63; 205 CLR 337 Hall v The Queen (1999) 21 WAR 364 Hauff v SA Police (1994) 63 SASR 286 Jarrett v The Queen (1992) 58 SASR 457 Johnson v Johnson [2000] 8 HCA 48; 201 CLR 488 Long v Mayger [2003] WASCA 223 Malvaso v The Queen (1989) 168 CLR 227 Paterson v Stevens (1992) 57 SASR 213 R v Brazier (1994) 75 A Crim R 404 R v Causby [1984] Tas R 54 R v Davey (1980) 50 FLR 57 R v Gillan (1991) 100 ALR 66 R v GP (1997) 18 WAR 196 R v Kirk (1984) 6 Cr App Rep (S) 231 R v Kruger (1977) 17 SASR 214 R v Locke (1973) 6 SASR 298 R v Osenkowski (1982) 30 SASR 212 R v P (1992) 39 FCR 276 R v Percy [1975] Tas SR 62 R v Wacyk (1996) 66 SASR 530 R v Whitnall (1993) 42 FCR 512 Renshaw v Director of Public Prosecutions (Cth) (1996) 67 SASR 139 Scott v SA Police (1994) 61 SASR 589 Walker v SA Police (1993) 61 SASR 159 Wood v Samuels (1974) 8 SASR 465 Adams v The Queen [2003] WASCA 91 Etrelezis v The Queen [2001] WASCA 327 Evans v Vanderheide [2001] WASCA 352 Janerka v Bethell [2002] WASCA 198 Messaoui v The Queen, unreported; CCA SCt of WA; Library No 92101; 4 December 1991 Miller v The Queen [2001] WASCA 426 R v Barbis & Rouse [2003] WASCA 107 Shooter v The Queen (1997) 97 A Crim R 581 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : LONG -v- MAYGER [2004] WASCA 41 CORAM : MALCOLM CJ
- STEYTLER J
MCKECHNIE J
- Appellant
AND
WAYNE KEVIN MAYGER
Respondent
ON APPEAL FROM:
Jurisdiction : COURT OF PETTY SESSIONS
Coram : MR HEANEY, SM
File Number : JO7781 of 2002
(Page 2)
Catchwords:
Courts and judges - Apprehension of bias - Application to Magistrate to disqualify…
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- AGLC
- Long v Mayger [2004] WASCA 41
- Case
- [2004] WASCA 41
- Decision Date
CaseChat Overview and Summary
Long appealed against his conviction and sentence for unlawful wounding. The appeal concerned two issues. Firstly, Long argued that the Magistrate should have disqualified himself from presiding over the matter due to an apprehension of bias. Secondly, Long argued that the sentence imposed was excessive. Long's case was that the Magistrate should have recused himself from presiding over the case due to comments he made during an earlier application in which Long sought to have the Magistrate disqualified on the basis of factual matters. The earlier application was withdrawn when Long realised that the facts he had put to the Magistrate were incorrect. Long's later application was based on the Magistrate's reaction to the earlier application. Long submitted that the Magistrate's comments indicated that he had already formed an opinion about the case and was unwilling to reconsider it. The Court held that the Magistrate's comments did not indicate that he had already formed an opinion about the case. The Court found that the Magistrate had not been biased, and dismissed the appeal on that issue. The Court found that the sentence imposed was excessive, and ordered that the sentence of 11 months' imprisonment be suspended for 2 years.
Orders
Orders of the court
Appeal allowed, Sentence of 11 months' imprisonment suspended for 2 years
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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