Murray v Feast

Case [2023] WASC 273


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   MURRAY -v- FEAST [2023] WASC 273

CORAM:   SOLOMON J

HEARD:   12 DECEMBER 2022 WITH ADDITIONAL MATERIAL FILED ON 30 DECEMBER 2022 AND 3 JANUARY 2023

DELIVERED          :   27 JULY 2023

PUBLISHED           :   27 JULY 2023

FILE NO/S:   SJA 1001 of 2022

BETWEEN:   ANTONIO MURRAY

Appellant

AND

ADRIAN MATTHEW FEAST

Respondent

ON APPEAL FROM:

For File No:   SJA 1001 of 2022

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE G MACLEAN

File Number            :   KH 2527 of 2020


Catchwords:

Criminal law - Single judge appeal - Appeal against conviction - Aggravated assault - Appellant gave evidence in his own defence - Appellant speaks Walmajarri and Kriol - Interpreter was provided - Magistrate found that appellant spoke English - Where magistrate made comments to interpreter and counsel that interpretation was not necessary - Communication barriers for First Nations people in the justice system - Linguistic and cultural autonomy in court proceedings - Whether the magistrate's comments could cause reasonable apprehension of prejudgement  - Whether substantial miscarriage of justice - Turns on own facts

Criminal law - Admissibility of evidence - Report provided by expert in socio-linguistics - Whether socio-linguistics a recognised field of expertise - Whether expert evidence trespassed the ultimate issue

Legislation:

Criminal Appeals Act 2004 (WA) s 7, s 8, s 9, s 14, s 14(2)
Criminal Code (WA) s 221, s 313(1)(a), s 338B(b)
Evidence Act 1906 (WA)
Evidence Act 1995 (Cth) s 102, s 108C, s 135
Magistrates Court Act 2004 (WA) s 13, s 31
Native Title Act 1993 (Cth)

Result:

Leave to appeal granted
Appeal allowed

Category:    A

Representation:

Counsel:

Appellant : Ms J Solliss
Respondent : Ms R Panetta

Solicitors:

Appellant : Legal Aid - South Hedland
Respondent : State Solicitor's Office

Cases referred to in decision:

Adacot v Sowle [2020] FamCAFC 215

Aytugrul v R [2012] HCA 15; (2012) 247 CLR 170

Bowles v The State of Western Australia [2011] WASCA 191

De La Espriella-Velasco v The Queen [2006] WASCA 31

Dietrich v R (1992) 177 CLR 292

EYO v The State of Western Australia [2019] WASCA 129

Farrell v The Queen (1998) 194 CLR 286

Fisher v Commonwealth of Australia [2023] FCAFC 106

Galea v Galea (1990) 19 NSWLR 263

Grey v R [2001] HCA 65; (2001) 184 ALR 593

Hall v Police [1999] SASC 197

Hofer v R [2021] HCA 36; (2021) 95 ALJR 937

Jago v District Court of New South Wales (1989) 168 CLR 23

Lepoidevin v State of WA [2021] WASCA 19

Luo v The Queen [2020] WASCA 184

Makita Australia Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305

Michael v R [2009] UKPC 41; [2010] 1 WLR 879

Ninyette v Jones [2018] WASC 317; (2018) 86 MVR 186

R v Anunga (1976) 11 ALR 412

R v Condren (1987) 28 A Crim R 261

R v Condren [1991] Qd R 574

R v Patrick Kenniff and James Kenniff [1903]…

Continue reading Murray v Feast

Sign in free to access the full text

Details
AGLC
Murray v Feast [2023] WASC 273
Case
[2023] WASC 273
Decision Date

CaseChat Overview and Summary

Antonio Murray, an Aboriginal man from the Walmajarri community, was convicted in the Magistrates Court of aggravated assault against a 70-year-old man. The appeal to the Supreme Court of Western Australia concerns the way the magistrate dealt with Mr Murray's language and socio-linguistic difficulties during his evidence. The appeal is founded on three grounds: the magistrate erred in law by not properly directing himself in accordance with Mildren directions; there was a miscarriage of justice due to the magistrate's direction to the interpreter to stop interpreting portions of Mr Murray's evidence; and the magistrate erred in law and fact by finding that Mr Murray was speaking ordinary English during portions of his evidence. The magistrate's dismissive remarks and ruling regarding the interpreter's role, along with his comments to Mr Murray, amounted to a fundamental departure from the requirements of fairness, resulting in a substantial miscarriage of justice. The magistrate's denial of Mr Murray's linguistic identity and the prejudicial comments made about his need for interpretation and the integrity of his testimony contributed to the unfair trial. Consequently, the appeal was allowed, and Mr Murray's conviction was quashed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.