JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: MARTIN -v- HENDERSON [2020] WASC 473
CORAM: ALLANSON J
HEARD: 3 DECEMBER 2020
DELIVERED : 24 DECEMBER 2020
FILE NO/S: SJA 1162 of 2019
BETWEEN: ROBERT MARTIN
Appellant
AND
JACOB HENDERSON
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE L J ATKINS
File Number : RO 7345 of 2018, RO 7346 of 2018
Catchwords:
Criminal law - Appeal against conviction - Telecommunications offence - Where appellant convicted of sending messages that were menacing, harassing or offensive to son‑in‑law - Where appellant admitted to sending certain messages at trial - Where appellant now seeks to adduce fresh evidence that he could not have sent the messages - Whether evidence relevant or capable of affecting decision - Turns on own facts
Criminal law - Appeal against conviction - Where appellant alleges bias - Turns on own facts
Criminal law - Appeal against conviction - Whether appellant's legal representation at trial was inadequate - Whether miscarriage of justice - Turns on own facts
Legislation:
Crimes Act 1914 (Cth), s 20
Criminal Code Act 1995 (Cth), s 5.6, s 474.17
Result:
Leave to appeal refused on each ground
Leave to adduce additional evidence refused
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | A Seen |
Solicitors:
| Appellant | : | In person |
| Respondent | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
ALLANSON J:
Title
On 1 August 2019, the appellant, Robert Martin, was convicted in the Magistrates Court on two charges that he used a carriage service in such a way that reasonable persons would regard as being, in all the circumstances menacing, harassing or offensive. The charges were brought under the Criminal Code Act 1995 (Cth). The offences were alleged to have occurred on 15 April 2016 and 17 April 2016.
On conviction, an order was made under s 20(1)(a) of the Crimes Act 1914 (Cth), requiring Mr Martin to be of good behaviour for 6 months, on a recognisance of $1,000.
On 18 December 2019, Mr Martin lodged an appeal notice, appealing against both conviction and sentence. The grounds of appeal, however, go only to the conviction.
Mr Martin was represented at trial but unrepresented on the appeal.
The trial
The prosecution case was that on 15 April 2016 and 17 April 2016, Mr Martin sent a series of text messages by telephone to his son‑in‑law, Mr Clinton. The charges did not specify from what telephone number the messages were sent.
The statement of material facts referred to text messages from two phone numbers. In opening, the prosecution stated that the messages which were the subject of the charges were from a particular number (ending in 311) and throughout the trial relied only on messages from that number.
Before evidence was called, counsel for Mr…
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- AGLC
- Martin v Henderson [2020] WASC 473
- Case
- [2020] WASC 473
- Decision Date
CaseChat Overview and Summary
The court carefully examined each ground of appeal, considering the relevance and potential impact of the fresh evidence on the conviction. The court found that the fresh evidence was not capable of affecting the decision, as it did not directly contradict the evidence already presented at trial. Regarding the alleged bias, the court found that the trial judge did not exhibit any bias during the proceedings. The court also rejected Martin's claim that his legal representation was inadequate, as the evidence showed that his legal team provided a competent defence. Consequently, the appeal was dismissed, and Martin's conviction was upheld.
Martin's appeal against his conviction was dismissed, and the original decision was affirmed. The court found that the fresh evidence presented was not relevant or capable of affecting the decision, and that the trial judge did not exhibit any bias. Additionally, the court held that Martin's legal representation was adequate, and that no miscarriage of justice occurred. As a result, Martin's conviction for sending menacing, harassing, or offensive messages to his son-in-law stands.
Orders
Orders of the court
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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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