JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: MSB -v- WA POLICE [2024] WASC 286
CORAM: FORRESTER J
HEARD: 3 MAY 2024
DELIVERED : 17 SEPTEMBER 2024
FILE NO/S: SJA 1064 of 2023
BETWEEN: MSB
Appellant
AND
WA POLICE
Respondent
ON APPEAL FROM:
For File No: SJA 1064 of 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE C CRAWFORD
File Number : PE 32888 of 2022
Catchwords:
Criminal Law - Single judge appeal - Appeal against conviction - Trespass - Whether evidence relied upon by prosecution was inadmissible - Whether lack of consent or licence proved - Whether magistrate erred in using alleged lie as consciousness of guilt - Whether magistrate erred in failing to consider s 22 and s 24 of the Criminal Code (WA) - Whether verdict unreasonable and unsupported by evidence - Whether substantial miscarriage of justice - Appeal against sentence - Whether sentence was excessive
Legislation:
Criminal Appeals Act 2004 (WA)
Criminal Code (WA)
Criminal Procedure Act 2004 (WA)
Dividing Fences Act 1961 (WA)
Surveillance Devices Act 1998 (WA)
Result:
Leave to appeal granted on ground 1
Leave to appeal refused on all other grounds
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | In Person |
| Respondent | : | Mr C Payne |
Solicitors:
| Appellant | : | In Person |
| Respondent | : | State Solicitor's Office (WA) |
Cases referred to in decision:
AK v The State of Western Australia [2008] HCA 8; (2008) 232 CLR 438
Barker v The Queen [1983] HCA 18; (1983) 153 CLR 338
Carr v The State of Western Australia [2007] HCA 47; (2007) 232 CLR 138
CD and EF v Chief Executive Officer, Department for Child Protection and Family Support [2017] WASC 126
Edwards v The Queen [1993] HCA 63; (1993) 178 CLR 193
Evans v WA Police [2024] WASC 24
Holmes v The State of Western Australia [2023] WASCA 26
Hunt v Russell [2019] WASC 284
Lance v Weston [2014] WASCA 62
LBC v The State of Western Australia [2011] WASCA 201
M v The Queen (1994) 181 CLR 487
Martincic v The State of Western Australia [2019] WASCA 134
Michael v The State of Western Australia [2007] WASCA 100
Molina z Zaknich [2001] WASCA 337; (2001) 24 WAR 562
Morgan v Cramer [2019] WASC 68
NYL v The State of Western Australia [2022] WASCA 41
Police v Slobodian [2008] SASC 69
Prichard v M 6:8 Legal Pty Ltd [2024] WASCA 4
Reynolds v Rayney [2023] WASCA 144
Roy v O'Neill [2020] HCA 45; (2020) 272 CLR 291
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Snook v Magistrate Trevor Darge [No 2] [2024] WASC 91
Strahan v Brennan [2014] WASC 190
Walden v Hensler (1987) 163 CLR 561
Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300
FORRESTER J:
On 12 July…
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- AGLC
- MSB v WA Police [2024] WASC 286
- Case
- [2024] WASC 286
- Decision Date
CaseChat Overview and Summary
The court considered whether the evidence relied upon by the prosecution was inadmissible, whether the lack of consent or licence was proved, whether the magistrate erred in using an alleged lie as consciousness of guilt, whether the magistrate erred in failing to consider sections 22 and 24 of the Criminal Code (WA), whether the verdict was unreasonable and unsupported by evidence, and whether a substantial miscarriage of justice occurred. The court also considered whether the sentence was excessive.
The court found that the evidence relied upon by the prosecution was admissible and that there was proof of lack of consent or licence. The court held that the magistrate did not err in using an alleged lie as consciousness of guilt and that the magistrate did not err in failing to consider sections 22 and 24 of the Criminal Code (WA). The court held that the verdict was not unreasonable or unsupported by evidence and that there was no substantial miscarriage of justice. The court held that the sentence was not excessive. Therefore, the appeal against conviction and sentence was dismissed. However, leave to appeal was granted on ground 5. The appellant was ordered to pay the respondent's costs.
Orders
Orders of the court
1. Leave to appeal is granted on ground 5.
2. Leave to appeal is refused on all other grounds.
3. The appeal against conviction is dismissed.
4. The appeal against sentence is dismissed.
5. The appellant pay the respondent's costs to be taxed if not agreed.
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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