MANO -v- IRIKS [1999] WASCA 180

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASCA 180
Case No:	SJA:1028/1999	Heard:	2 SEPTEMBER 1999
Coram:	McKECHNIE J	Delivered:	2/09/99
No of pages:	9	Judgment Part:	1 of 1
Result:	Appeal allowed; conviction set asideMatter remitted for rehearing
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Parties:	PETER LAWRENCE MANO BERNARD MARINUS IRIKS
Catchwords:	Criminal law Application for adjournment Unrepresented defendant Importance of the public interest Principles to be applied
Legislation:	Nil
Case References:	Eason v Bintley, unreported; SCt of WA (Ipp J); Library No 930061; 8 February 1993 Myers v Myers [1969] WAR 19 Vick v Drysdale [1981] WAR 321 Weary v Stok (1986) 3 MVR 411 Bryant v Drexel, unreported; SCt of WA (Owen J); Library No 980239; 4 May 1998 Gould v Reid, unreported; SCt of WA (Wallwork J); Library No 8153; 22 March 1990 Hansen v Huffa [1976] 15 SASR 36 Macskasy v Cox, unreported; SCt of WA (Walsh J); Library No 930163; 30 March 1993 R v Cox [1960] VR 665

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : MANO -v- IRIKS [1999] WASCA 180 CORAM : McKECHNIE J HEARD : 2 SEPTEMBER 1999 DELIVERED : 2 SEPTEMBER 1999 FILE NO/S : SJA 1028 of 1999 BETWEEN : PETER LAWRENCE MANO

Appellant

AND

BERNARD MARINUS IRIKS

Respondent

Catchwords:

Criminal law - Application for adjournment - Unrepresented defendant - Importance of the public interest - Principles to be applied

Legislation:

Nil

Result:

Appeal allowed; conviction set aside

Matter remitted for rehearing

(Page 2)

Representation:

Counsel:

Appellant : Mr J B Prior

Respondent : Mr D T Carlson

Solicitors:

Appellant : Williams Ellison

Respondent : State Director of Public Prosecutions

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

Eason v Bintley, unreported; SCt of WA (Ipp J); Library No 930061; 8 February 1993
Myers v Myers [1969] WAR 19
Vick v Drysdale [1981] WAR 321
Weary v Stok (1986) 3 MVR 411

Case(s) also cited:

Bryant v Drexel, unreported; SCt of WA (Owen J); Library No 980239; 4 May 1998
Gould v Reid, unreported; SCt of WA (Wallwork J); Library No 8153; 22 March 1990
Hansen v Huffa [1976] 15 SASR 36
Macskasy v Cox, unreported; SCt of WA (Walsh J); Library No 930163; 30 March 1993
R v Cox [1960] VR 665

(Page 3)

1 McKECHNIE J: On 6 and 7 January 1999 the appellant stood trial in the Perth Court of Petty Sessions on charges of fraud. He had sought but was refused an adjournment. He was convicted and sentenced to a term of 12 months' imprisonment suspended. There is no issue that the offences were serious.

2 He originally appealed on five grounds.

3 On 2 June 1999 leave was granted to substitute the grounds of appeal.

4 The appeal proceeded on the following grounds:

"1. The Learned Magistrate erred in law in exercising his discretion in refusing the Appellant's application for an adjournment of the trial.

PARTICULARS

. The Learned Magistrate failed to balance the prejudice to the Appellant and Respondent…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Mano v Iriks

Details

AGLC: Mano v Iriks [1999] WASCA 180
Case: [1999] WASCA 180
Decision Date: 2 SEPTEMBER 1999

CaseChat Overview and Summary

The case of Mano v Iriks arose in the Australian court system where the defendant, Mano, appealed against a conviction, contending that the trial process was flawed due to procedural irregularities. Mano argued that the court did not adequately consider his lack of representation and the significance of the public interest in ensuring fair trials. The primary issue before the court was whether the trial court's decision to proceed without ensuring that Mano was legally represented constituted a breach of natural justice, thus necessitating a rehearing of the case.

The court was required to determine whether the trial judge's failure to pause proceedings to ensure that Mano had access to legal representation, especially given the seriousness of the charges, amounted to a miscarriage of justice. The court also needed to weigh the importance of the public interest in the integrity of the judicial process against the procedural rights of the defendant. Additionally, the court had to consider the principles established in previous cases regarding the necessity of legal representation in criminal proceedings.

The court found that the trial judge's actions did indeed breach the principles of natural justice, particularly given the absence of any attempts to ensure that Mano was legally represented. The court held that the failure to adjourn the proceedings to allow for legal representation was a significant procedural error that undermined the fairness of the trial. Consequently, the appeal was allowed, and the conviction was set aside. The matter was remitted for a rehearing, ensuring that all procedural safeguards, including the provision of legal representation, were properly observed.

Orders

Orders of the court

Appeal allowed; conviction set asideMatter remitted for rehearing

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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