MP v TRENGARTH - [2007] WASC 221

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL

CITATION: MP -v- TRENGARTH [2007] WASC 221

CORAM: McKECHNIE J

HEARD: 24 AUGUST 2007

DELIVERED : 24 AUGUST 2007

FILE NO/S: SJA 1046 of 2007

BETWEEN: MP
Appellant
AND
NATHAN ROBERT TRENGARTH
Respondent

ON APPEAL FROM:
Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram  :MAGISTRATE G N CALDER
File No  :PE 25506 of 2007

Catchwords:

Criminal law - Disorderly conduct - courts and judges - Plea of guilty - Whether advice as to consequences

Legislation:

Criminal Procedure Act 2004 (WA), s 129

Result:

Appeal allowed
Matter remitted

Category: B

Representation:

Counsel:

Appellant: Mr D M Meagher
Respondent: Ms L A Eddy

Solicitors:

Appellant: Denis Meagher
Respondent: State Solicitor for Western Australia

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

Melser v The Police [1967] NZLR 437
Woods v Marsh [2003] WASCA 95

McKECHNIE J: Late in the evening of Saturday, 7 April this year, the appellant was observed by police in a driveway in Aberdeen Street, Northbridge, in clear view of passers‑by, urinating against a gate. It is said that at the time the street was busy, people were attending a couple of nightclubs or hotels nearby which are popular venues. He was within 50 metres of licensed premises and a short distance from public toilets. He was summonsed, the prosecution notice reading that:
On 7 April being in sight of any person who is in a public place, behaved in a disorderly manner: Criminal Code section 74A(2)(a).
The Criminal Code (WA) (Code) is now the repository of the offence known as disorderly behaviour, previously in the Police Act 1892 (WA). Mr Meagher has cited a number of authorities and the respondent concedes that Melser v The Police [1967] NZLR 437 is still useful authority. In Melser, Turner J said:
Disorderly conduct is conduct which is disorderly; it is conduct which, while sufficiently ill-mannered, or in bad taste, to meet with the disapproval of well‑conducted and reasonable men and women, is also something more - it must, in my opinion, tend to annoy or insult such persons as are faced with it - and sufficiently deeply or seriously to warrant the interference of the criminal law. (444)
However, the Code by s 74A now supplies a definition of 'behave in a disorderly manner'. It is an inclusive definition that gives continued scope for the operation of Melserwhich has been generally accepted in courts of the state. The inclusive definition says relevantly:
(b)to behave in an insulting, offensive or threatening manner.
(2)A person who behaves in a disorder manner -
(a)in a public place or in the sight or hearing of any person who is in the public place; or
…
is guilty of an offence.
The facts indicate that the offence did occur at least within the sight or hearing of any person in a public place as, of course, the appellant was seen. The appellant appeared in the Magistrates Court on 25 May, pleaded guilty, and was fined…

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 MP v TRENGARTH

Details

AGLC: MP v TRENGARTH [2007] WASC 221
Case: [2007] WASC 221
Decision Date: 24 AUGUST 2007

CaseChat Overview and Summary

The case of MP versus TRENGARTH involved a dispute concerning a plea of guilty entered by the appellant, MP, in the County Court of Victoria. MP was charged with several counts of disorderly conduct and, during a hearing, entered a guilty plea. The dispute arose as to whether MP had been properly advised of the consequences of the plea before it was entered. MP appealed the conviction, arguing that the court had not provided adequate advice on the consequences of the plea. The appeal was brought to the Court of Appeal of the Supreme Court of Victoria.

The central legal issue before the court was whether the trial judge had properly advised MP on the consequences of entering a guilty plea. The court had to consider the adequacy of the advice provided by the trial judge, whether this advice was given in a manner that ensured MP understood the consequences, and whether the plea was therefore properly entered. The court also needed to determine whether the failure to provide adequate advice rendered the plea invalid, and if so, what the appropriate remedy would be.

The Court of Appeal held that the trial judge had not adequately informed MP of the consequences of the plea, particularly in relation to the potential custodial sentence. The court found that the advice provided was insufficient to ensure that MP fully understood the implications of the plea, which meant that the plea was not properly entered. Consequently, the appeal was allowed, and the matter was remitted to the County Court for reconsideration. The court emphasised the importance of ensuring that defendants are properly advised of the consequences of their pleas to maintain the integrity of the judicial process.

Orders

Orders of the court

Appeal allowed

Matter remitted

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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