Long v Mayger

Case [2003] WASCA 223


LONG -v- MAYGER [2003] WASCA 223



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 223
Case No:SJA:1033/20038 AUGUST 2003
Coram:ROBERTS-SMITH J22/09/03
24Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:JAMES HOWARD LONG
WAYNE KEVIN MAYGER

Catchwords:

Appeal
Criminal law
Conviction of unlawful wounding
Complainant struck to head by glass bottle
Whether finding that lacerations caused to right front of complainant's face caused by breaking bottle
Whether caused by appellant or result of fall to glass on ground
Whether finding open on evidence
Whether other inferences reasonably open on evidence
Turns on own facts

Legislation:

Nil

Case References:

Abalos v Australian Postal Commission (1990) 171 CLR 167
Chamberlain v The Queen (No 2) (1984) 153 CLR 521
Devries v Australian National Railways Commission (1993) 177 CLR 472
M v The Queen (1994) 181 CLR 487
Medina v The Queen (1990) 3 WAR 21
Salmon v The Queen [2001] WASCA 237
Shepherd v The Queen (No 5) (1990) 170 CLR 573
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In liq) (1999) 73 ALJR 306
White v Goodger [2001] WASCA 259

Fox v Percy (2003) 77 ALJR 989
Gipp v The Queen (1998) 194 CLR 106
Harvey v Matthews [1999] WASCA 58
Knight v The Queen (1992) 175 CLR 495
Liberato v The Queen (1985) 159 CLR 507
Manunta (1990) 54 SASR 17
Rasoolifard v Nichol [2001] WASCA 180
Scarce v Killalea [2003] WASCA 81

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : LONG -v- MAYGER [2003] WASCA 223 CORAM : ROBERTS-SMITH J HEARD : 8 AUGUST 2003 DELIVERED : 22 SEPTEMBER 2003 FILE NO/S : SJA 1033 of 2003 BETWEEN : JAMES HOWARD LONG
    Appellant

    AND

    WAYNE KEVIN MAYGER
    Respondent



Catchwords:

Appeal - Criminal law - Conviction of unlawful wounding - Complainant struck to head by glass bottle - Whether finding that lacerations caused to right front of complainant's face caused by breaking bottle - Whether caused by appellant or result of fall to glass on ground - Whether finding open on evidence - Whether other inferences reasonably open on evidence - Turns on own facts




Legislation:

Nil




Result:

Appeal dismissed



(Page 2)

Category: B

Representation:


Counsel:


    Appellant : Mr R E Birmingham QC
    Respondent : Mr B E F Tooker


Solicitors:

    Appellant : Chris Baker & Associates
    Respondent : State Director of Public Prosecutions



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

Abalos v Australian Postal Commission (1990) 171 CLR 167
Chamberlain v The Queen (No 2) (1984) 153 CLR 521
Devries v Australian National Railways Commission (1993) 177 CLR 472
M v The Queen (1994) 181 CLR 487
Medina v The Queen (1990) 3 WAR 21
Salmon v The Queen [2001] WASCA 237
Shepherd v The Queen (No 5) (1990) 170 CLR 573
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In liq) (1999) 73 ALJR 306
White v Goodger [2001] WASCA 259

Case(s) also cited:

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Long v Mayger [2003] WASCA 223
Case
[2003] WASCA 223
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CaseChat Overview and Summary

Long v Mayger is a case where the appellant, Long, was convicted of unlawfully wounding a complainant. The incident involved the complainant being struck on the head by a glass bottle, resulting in lacerations to the right front of their face. The central dispute was whether these injuries were caused by the bottle being broken and striking the complainant or if they resulted from the complainant falling onto the broken glass on the ground. The appeal was heard by the court of appeal, which was tasked with determining the validity of the conviction based on the evidence presented.

The court had to decide whether the trial judge's finding that the lacerations were caused by the bottle being broken and striking the complainant was open to them on the evidence. Additionally, the court needed to determine if there were other inferences reasonably open on the evidence that could have led to a different conclusion. The primary focus was on the interpretation of the evidence and whether the trial judge's findings were supported by the facts presented.

The court of appeal found that the trial judge's finding was open to them on the evidence. They held that the trial judge was entitled to consider and weigh the evidence, and the finding of fact was not irrational or unreasonable. The court determined that other inferences reasonably open on the evidence did not undermine the trial judge's conclusion. Therefore, the appeal was dismissed, and the conviction was upheld.

The court's decision concluded that the trial judge's findings were supported by the evidence and that the conviction for unlawful wounding was valid. No further orders were made as the appeal was dismissed.

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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