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
[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.
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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.