Legal Research
Cases
Morris v Lapsley

Morris v Lapsley

Case [2005] WASC 151 7 July 2005

No judgment structure available for this case.

Type to search within this case.

MORRIS -v- LAPSLEY [2005] WASC 151

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASC 151
Case No:	SJA:1096/2004	Heard:	20 JUNE 2005
Coram:	SIMMONDS J	Delivered:	7/07/05
No of pages:	24	Judgment Part:	1 of 1
Result:	Appeal allowed Convictions quashed Complaints remitted for retrial
Category:	B
PDF Version

Parties:	MARTIN JOHN MORRIS STUART DAVID GLYDE LAPSLEY
Catchwords:	Criminal law Appeal against conviction on plea of guilty Charges of receiving stolen property and fraud Whether state of mind pleaded in mitigation did not amount to mental element required Whether plea equivocal Criminal law Sentencing Suspended term of imprisonment imposed for traffic offences Suspended term of imprisonment activated on plea of guilty to charges of receiving and fraud Whether Chief Magistrate erred in not ordering a pre-sentence report Whether Chief Magistrate failed to consider sentencing options Whether Chief Magistrate failed to take into account change in circumstances since commencement of suspended sentence Whether Chief Magistrate failed to take into account different nature of offences
Legislation:	Nil
Case References:	Fowler v The Queen [2002] WASCA 296 Glover v Reyne [2001] WASCA 305 Green v The Queen [2001] WASCA 162 Lowndes v R (1999) 195 CLR 665 McWaters v Talbot, unreported; SCt of WA (Scott J); Library No 930359, 3 June 1993 Meissner v The Queen (1995) 184 CLR 132 Minear v Rudrum [2001] WASCA 10 Nevermann v The Queen (1989) 43 A Crim R 347 Ollerton (1989) 40 A Crim R 133 R v English (1993) 10 WAR 355 Sagiv v The Queen (1986) 22 A Crim R 73 Slater v Marshall [1965] WAR 222 Thomason v Martin [1964] WAR 136 Tihanyi v The Queen (1999) 21 WAR 377 Beattie v Prime [2002] WASCA 111 Lutter v Davis (1992) 7 WAR 72 Mabbott v The Queen [1990] WAR 323 Maxwell v The Queen (1996) 184 CLR 501 Price v Davies (2001) 120 A Crim R 183 R v Boag (1994) 73 A Crim R 35 R v Forde [1923] 2 KB 400 R v Roach (1990) 54 SASR 491

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : MORRIS -v- LAPSLEY [2005] WASC 151 CORAM : SIMMONDS J HEARD : 20 JUNE 2005 DELIVERED : 7 JULY 2005 FILE NO/S : SJA 1096 of 2004 MATTER : Justices Act 1902 BETWEEN : MARTIN JOHN MORRIS

Appellant

AND

STUART DAVID GLYDE LAPSLEY

Respondent

ON APPEAL FROM:

Jurisdiction : COURT OF PETTY SESSIONS

Coram : MR S A HEATH CSM

File No : PE 18282 of 2004, PE 18283 of 2004

(Page 2)

Catchwords:

Criminal law - Appeal against conviction on plea of guilty - Charges of receiving stolen property and fraud - Whether state of mind pleaded in mitigation did not amount to mental element required - Whether plea equivocal

Criminal law - Sentencing - Suspended term of imprisonment imposed for traffic offences - Suspended term of imprisonment activated on plea of guilty to charges of receiving and fraud - Whether Chief Magistrate erred in not ordering a pre-sentence…

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 Morris v Lapsley

Details

AGLC: Morris v Lapsley [2005] WASC 151
Case: [2005] WASC 151
Decision Date

CaseChat Overview and Summary

The appeal in this case was brought against both the convictions and the sentences arising from two charges against the appellant, Martin John Morris, for receiving stolen property and fraud. The appellant argued that his pleas of guilty were equivocal and that he had an arguable defence. The appeal against the sentences argued that the sentencing Magistrate did not properly consider the alternatives to imprisonment and failed to order a pre-sentence report. The appeal against the activation of the suspended sentences for previous traffic offences argued that the Magistrate failed to take account of the appellant's changed circumstances since the commencement of the suspended sentences and did not take account of the different nature of the offences. The appeal against conviction was upheld, and the convictions were quashed, with the complaints remitted for retrial. The appeal against sentence was dismissed.

Orders