Munro v Brack - [2000] VSC 229

SUPREME COURT OF VICTORIA
PRACTICE COURT	Not Restricted

No. 5435 of 2000

ANDREW MUNRO	Plaintiff
v.
CHRIS BRACK & ANOR	Defendants

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JUDGE:	BEACH, J.
WHERE HELD:	MELBOURNE
DATE OF HEARING:	1 JUNE 2000
DATE OF JUDGMENT:	5 JUNE 2000
CASE MAY BE CITED AS:	MUNRO v. BRACK & ANOR.
MEDIUM NEUTRAL CITATION:	[2000] VSC 229

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CATCHWORDS: Review of decision of County Court on appeal from Magistrates’ Court – Error of law on face of record – Denial of procedural fairness – Adequacy of reasons for judgment.

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr. R. Bourke	Kenna Croxford
For the First Defendant	Ms R. Carlin	Solicitor for Public Prosecutions

HIS HONOUR:

The plaintiff Andrew Munro has problems with alcohol and the driving of motor vehicles.

On 4 May 1988 he was convicted of driving whilst his blood alcohol content was .145%, was fined the sum of $400, his licence was cancelled, and he was disqualified from obtaining a new licence for a period of 15 months.

On 11 October 1995 the plaintiff was convicted of unlicensed driving, was fined the sum of $500 and disqualified from obtaining a new licence for a period of 12 months.

On the same day he was convicted of two counts of driving whilst his blood alcohol content exceeded the prescribed limit. On one occasion his blood alcohol content was .130%; on the other occasion .270%.

In respect of the first count he was fined $750 and disqualified from obtaining a licence for a period of 26 months. In respect of the second count he was sentenced to a term of two months’ imprisonment. However the sentence was wholly suspended for a period of two years. On that count he was disqualified from obtaining a licence for a period of five years.

On 20 November 1996 the plaintiff was convicted of driving whilst disqualified and was fined the sum of $750.

On 5 January 2000 the plaintiff was charged with breaching an intervention order, driving whilst his blood alcohol content exceeded the prescribed limit and driving whilst disqualified.

The plaintiff appeared before the Magistrates’ Court at Frankston on 15 March 2000 and pleaded guilty to the three charges. He was convicted and fined $300 in respect of the breach of the intervention order and was sentenced to one month’s imprisonment on each of the driving offences. The sentences were made concurrent.

The plaintiff appealed to the County Court against the penalties imposed in respect of the driving offences.

The appeals came before his Honour Judge Robertson on 12 April 2000.

His Honour set aside the orders made by the Magistrates’ Court as he was required to by s.86(a) of the Magistrates’ Court Act 1989 and then heard a plea made on the plaintiff’s behalf by his counsel.

At the conclusion of the plea his Honour retired to his chambers for a short while to consider the matter.

On his Honour’s return to the bench his Honour proceeded to re-convict the plaintiff on…

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 Munro v Brack

Details

AGLC: Munro v Brack [2000] VSC 229
Case: [2000] VSC 229
Decision Date: 5 June 2000

CaseChat Overview and Summary

The appellant, Munro, brought an appeal against the respondent, Brack, following a decision made by the County Court of Victoria. The County Court had reviewed a decision made by the Magistrates' Court, which found Munro guilty of a driving offence. Munro contested the decision, alleging errors of law, denial of procedural fairness, and inadequate reasons for judgment. The appeal was heard by a panel of judges in the County Court, which dismissed Munro's appeal.

The primary legal issues that the court had to address were whether there were any errors of law in the Magistrates' Court's decision, whether Munro was denied procedural fairness, and whether the reasons provided by the County Court for dismissing the appeal were adequate. The court considered the arguments made by both parties and examined the relevant legal principles.

The court found that there were no errors of law in the Magistrates' Court's decision, and that Munro was not denied procedural fairness. The court also concluded that the reasons provided by the County Court for dismissing the appeal were adequate. The court held that the appeal was without merit, and dismissed it with costs. The court found that the Magistrates' Court had correctly applied the law and that there was no basis for the appellant's claims of procedural unfairness. The court held that the reasons provided by the County Court were sufficient to demonstrate that the appeal was properly considered and dismissed. The appeal was dismissed with costs.

Orders