SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
MORAN v POLICE
Judgment of The Honourable Justice Duggan
29 September 2005
MAGISTRATES - APPEALS FROM AND CONTROL OVER MAGISTRATES - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
Appeal against ruling of magistrate to refuse an application by appellant to withdraw a plea of guilty - competency of appeal under Magistrates Court Act 1991 s 42 - whether the ruling was interlocutory and the appeal thereby incompetent - distinction between final and interlocutory judgments - appeal dismissed as incompetent.
Magistrates Court Act 1991 s 42, referred to.
Carr v Finance Corporation of Australia Ltd (1981) 147 CLR 246, applied.
R v Kardogeros [1991] 1 VR 269; Police v Dorizzi (2002) 84 SASR 403, discussed.
R v Sewell [2001] NSWCCA 299; Ming Yuk (Raymond) Wong v DPP [2005] NSWSC 129; R v Filimoehala [2003] NSWCCA 37; R v McQuire & Porter (No 2) [2000] QCA 40, considered.
MORAN v POLICE
[2005] SASC 375Magistrates Appeal
DUGGAN J. The appellant has filed a notice of appeal against the decision of a magistrate refusing an application by the appellant to withdraw a plea of guilty which the appellant entered to a charge of unlawful wounding. The notice of appeal was filed out of time and the appellant has also applied for an extension of time within which to appeal.
The appellant was charged with a series of offences which relate to his former partner, Ms Pryor. He appeared before the Port Augusta Magistrates Court on various occasions when the matters were adjourned.
On 21 March 2005 he was represented by Mr Weldon, a solicitor, at a mention of the case. There was a further appearance by the appellant on 18 April 2005. Mr Weiss, another solicitor, represented him on this occasion. Mr Weiss intimated to the court that the appellant intended to plead guilty to all charges against him. Mr Weiss then applied for leave to withdraw from the file. Leave was granted. The appellant then pleaded guilty to charges which included the charge of unlawful wounding. The matter was remanded to 31 May 2005 for submissions.
The matter was called on again on 18 May 2005 at the request of Mr Weiss who, presumably, had been retained by the appellant despite his earlier withdrawal from the file. On this occasion Mr Weiss applied on behalf of the appellant to withdraw the plea of guilty to the charge of unlawful wounding. In due course, the magistrate heard submissions on the application and refused leave to withdraw the plea. It is unnecessary for present purposes to refer to the reasons advanced by the appellant in support of the application to withdraw his plea other than to mention that he said he wished to contest the charge and raise self-defence.
After refusing the application the magistrate disqualified himself from further hearing the matter. As yet no sentencing submissions have been made.
When the matter came before me an issue was…
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- AGLC
- MORAN v Police [2005] SASC 375
- Case
- [2005] SASC 375
- Decision Date
CaseChat Overview and Summary
The court commenced its analysis by considering the nature of the magistrate's ruling and whether it was of a final or interlocutory character. The court examined the statutory framework provided by section 42 of the Magistrates Court Act 1991, which outlines the circumstances under which an appeal may be made from a decision of a magistrate. In determining the competency of the appeal, the court applied established principles regarding the distinction between final and interlocutory judgments. The court concluded that the magistrate's ruling did not represent a final judgment, as it did not resolve the substantive issues of the case but rather dealt with a procedural matter concerning the withdrawal of a plea of guilty.
As a result of its analysis, the court found that the appeal was incompetent, as it was based on an interlocutory ruling rather than a final judgment. Consequently, the appeal was dismissed. The court emphasised the importance of adhering to the statutory provisions and judicial precedents in determining the competency of an appeal. The court's decision underscores the necessity for parties to carefully consider the nature of the ruling sought to be appealed and to ensure that the appeal is based on a final judgment to avoid the risk of the appeal being dismissed as incompetent.
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
Established by: DUGGAN J
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