JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: MUNGAR -v- O'NEILL [2018] WASC 346
CORAM: DERRICK J
HEARD: 12 NOVEMBER 2018
DELIVERED : 16 NOVEMBER 2018
FILE NO/S: SJA 1092 of 2018
BETWEEN: JACQUES PATRICK MUNGAR
Appellant
AND
RICHARD O'NEILL
Respondent
ON APPEAL FROM:
For File No: SJA 1092 of 2018
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE G LAWRENCE
File Number : PE 12500 of 2018
Catchwords:
Criminal law - Appeal against conviction - Road Traffic Code 2000 (WA) - Whether magistrate erred in finding that appellant was driving within a 'speed zone' - Whether judicial notice can be taken of the existence and location of a specific intersection
Legislation:
Criminal Appeals Act 2004 (WA)
Evidence Act 1906 (WA)
Road Traffic Code 2000 (WA)
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | In person |
| Respondent | : | Ms R C Panetta |
Solicitors:
| Appellant | : | Not applicable |
| Respondent | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Avins v Garvey [2001] WASCA 415; (2001) 35 MVR 277
Culverwell v Ginbey [2016] WASC 3
Hankinson v Brookview Holdings Pty Ltd [2004] WASCA 279
Pike v Becker [2012] WASC 397; (2012) 62 MVR 109
Pope v Ewendt (1977) 17 SASR 45
Prentice v Cummins (No 5) [2002] FCA 1503; (2002) 124 FCR 67
DERRICK J:
Introduction
On 12 March 2018 the appellant was charged in the Magistrates Court with one offence of contravening reg 11(3) of the Road Traffic Code 2000 (WA) (the RTC). The charge was in the following terms:
On 26 December 2017 at East Victoria Park [the appellant] drove a vehicle on a road, within a speed zone, where the numerals on the restricted sign at the beginning of the speed zone indicated a speed of 40 kilometres per hour, drove said vehicle at a speed in excess of that shown on the restricted sign, namely 51 kilometres per hour.
On 7 June 2018 the appellant was convicted after trial of the charged offence. He was fined $200 and ordered to pay costs.[1]
[1] ts 13 ‑ 14.
The appellant applies for leave to appeal against his conviction.[2] Although the appellant's appeal notice contains two grounds of appeal, the grounds of appeal in substance contain the same complaint, namely that the magistrate made an error of fact and law in finding that the appellant was driving 'within a speed zone'.
[2] The application is made under div 2 pt 2 of the Criminal Appeals Act 2004 (WA) (CAA).
Leave to appeal
The court must not give leave to appeal on a ground of appeal unless the ground has a reasonable prospect of success.[3] A ground of appeal will not have a reasonable prospect of success if it does not have a rational and logical prospect of succeeding.[4] If leave to appeal is refused on each ground the appeal is taken to be dismissed.[5]
[3] CAA, s 9(2).
[4] Samuels…
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- Mungar v O'Neill [2018] WASC 346
- Case
- [2018] WASC 346
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented to determine if the magistrate's finding that the appellant was driving within a speed zone was supported by the evidence. The court also considered whether judicial notice could be taken of the existence and location of the specific intersection. The court found that the magistrate's finding was supported by the evidence and that judicial notice could be taken of the existence and location of the specific intersection. The court held that the appellant's appeal was dismissed, and the conviction was upheld.
The court found that the evidence presented was sufficient to support the magistrate's finding that the appellant was driving within a speed zone. The court also found that judicial notice could be taken of the existence and location of the specific intersection. The court held that the appellant's appeal was dismissed, and the conviction was upheld. The court further held that the appellant's arguments regarding the interpretation of the Road Traffic Code 2000 (WA) were not persuasive and that the magistrate's interpretation of the relevant provisions was correct. The court also rejected the appellant's argument that the evidence was insufficient to prove that he was driving within a speed zone.
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
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