McDonald v Stevenson

Case [2005] WASC 293


MCDONALD -v- STEVENSON [2005] WASC 293



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2005] WASC 293
Case No:SJA:1035/200516 DECEMBER 2005
Coram:HASLUCK J16/12/05
17Judgment Part:1 of 1
Result: Appeal against conviction allowed
No order as to appeal against sentence
B
PDF Version
Parties:ALAN WILLIAM MCDONALD
MARK EDWARD STEVENSON

Catchwords:

Criminal law
Assault
Self-defence
Provision of aid by onlooker
Degree of force issue
Defence of honest and reasonable but mistaken belief
Failure to address and resolve certain issues
Appeal against conviction allowed

Legislation:

Criminal Code (WA) s 24, s 248, s 249, s 250, s 313

Case References:

Davis v Egan, unreported; SCt of WA; Library No 960659; 15 November 1996
Devries v Australian National Railways Commission (1993) 177 CLR 472
Garrett v Nicholson (1999) 21 WAR 226
Glennon v The Queen (1994) 179 CLR 1
Harling v Hall (1997) 94 A Crim R 437
Lomans v Morony [2000] WASCA 90
M v R (1994) 181 CLR 487
R v Payne [1970] Qd R 260
Randle v The Queen (1995) 15 WAR 26
Verhoeven v Ninyette (1998) 101 A Crim R 24
Whitehead v Procopis [2005] WASC 195

Betts v Hardcastle 120 A Crim R 463
Fox v Percy (2003) 214 CLR 118
Griekspoor v Scott (2000) 23 WAR 530
Harper v Page [2004] WASCA 267
Koenig v Ryan [2001] WASCA 339
Lean v The Queen (1989) 1 WAR 348
Milstead v Cream, unreported; SCt of WA; (Walsh J); Library No 8648; 19 December 1990
Neale v Sloan (1997) 27 MVR 246
Pemble v The Queen (1971) 124 CLR 107
R v Tognini (2000) 22 WAR 291
Riley v Gill, unreported; SCt of WA; (Parker J); Library No 970731; 8 December 1997

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : MCDONALD -v- STEVENSON [2005] WASC 293 CORAM : HASLUCK J HEARD : 16 DECEMBER 2005 DELIVERED : 16 DECEMBER 2005 FILE NO/S : SJA 1035 of 2005
    SJA 1056 of 2005
BETWEEN : ALAN WILLIAM MCDONALD
    Appellant

    AND

    MARK EDWARD STEVENSON
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE T J MCINTYRE

File No : RO 4093 of 2004





Catchwords:

Criminal law - Assault - Self-defence - Provision of aid by onlooker - Degree of force issue - Defence of honest and reasonable but mistaken belief - Failure to address and resolve certain issues - Appeal against conviction allowed



(Page 2)

Legislation:

Criminal Code (WA) s 24, s 248, s 249, s 250, s 313




Result:

Appeal against conviction allowed


No order as to appeal against sentence


Category: B


Representation:


Counsel:


    Appellant : Mr M J Bowden
    Respondent : Mr T C Russell


Solicitors:

    Appellant : Cannon Bowden & Co
    Respondent : State Solicitor's Office



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

Davis v Egan, unreported; SCt of WA; Library No 960659; 15 November 1996
Devries v Australian National Railways Commission (1993) 177 CLR 472
Garrett v Nicholson (1999) 21 WAR…

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McDonald v Stevenson [2005] WASC 293
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[2005] WASC 293
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CaseChat Overview and Summary

The case of McDonald v Stevenson involves two appeals arising from a conviction in the Magistrates Court. The appellant, Alan William McDonald, was charged with unlawfully assaulting Dean Jade Cone. The appeals concern the conviction and the sentence. The first appeal focuses on the conviction, which the appellant contests on several grounds, including the Magistrate's failure to consider whether the appellant's actions were in aid of self-defense and whether the appellant honestly and reasonably believed his actions were necessary for self-defense. The legal issues center on the interpretation of self-defense provisions in the Criminal Code and the application of the defence of honest and reasonable but mistaken belief. The court found that the Magistrate erred by not properly determining whether the prosecution had negated the defence available to the appellant, and by not considering the defence of mistaken belief, which was open on the evidence. The appeal against conviction is allowed, and the conviction is quashed, with the matter to be reheard before a different Magistrate. The appeal against sentence is not addressed in detail in this summary, as the focus is on the conviction.

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