JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: PAGNONI -v- JONES [2023] WASC 356
CORAM: HOWARD J
HEARD: 5 SEPTEMBER 2023 (AND FURTHER WRITTEN SUBMISSIONS ON 12 SEPTEMBER 2023)
DELIVERED : 22 SEPTEMBER 2023
FILE NO/S: SJA 1037 of 2023
BETWEEN: SONIA PAGNONI
Appellant
AND
NICHOLAS IAN JONES
Respondent
ON APPEAL FROM:
For File No: SJA 1037 of 2023
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE A. HILLS-WRIGHT
File Number : FR 7372 OF 2022
Catchwords:
Criminal law - Appeal against conviction - Contravention of local government law - Feeding birds in a non-rodent proof receptacle - Whether Magistrate failed to adjourn hearing - Whether Magistrate failed to grant a spent conviction order - Whether the failure to grant a spent conviction resulted in a miscarriage of justice - Whether the fine imposed was manifestly excessive - Whether combined costs and fine imposed were disproportionate to the offending - Appeal allowed - Appellant re‑sentenced - Granted a spent conviction order - Costs substituted
Legislation:
City of Cockburn Health Local Laws 2000
Criminal Appeals Act 2004 (WA)
Criminal Procedure Act 2004 (WA)
Sentencing Act 1995 (WA)
Result:
Appeal allowed
Category: B
Representation:
Counsel:
| Appellant | : | Mr J Jackson |
| Respondent | : | Mr N P Sloan |
Solicitors:
| Appellant | : | James Jackson Criminal Defence |
| Respondent | : | McLeods |
Case(s) referred to in decision(s):
Basham v City of Joondalup [No 2] [2016] WASC 120
Brewer v Bayens [2002] 26 WAR 510
Comptroller-General of Customs v C [2020] WASC 290
Delopez v Darry [2014] WASC 370
GNR vThe State of Western Australia [2015] WASCA 5
House v R (1936) 55 CLR 499.
Hull v Castledine [2005] WASC 252
Naso v Danehill Nominees Pty Ltd [2006] WASC 265
Redding v Robinson (2009) WASC 403
Rendell v Douglas [2015] WASC 36
HOWARD J:
The appellant's conviction
On 3 March 2023, the appellant was convicted in the Magistrates Court at Fremantle of contravening s 56(b) of the City of Cockburn Health Local Laws 2000 by between 18 March 2022 and 28 October 2022 placing at an address in Hamilton Hill food intended for birds without the food being contained in a rodent-proof receptacle or compartment which was effectively protected against access by rodents.
The appellant was not present at Court on 3 March 2023. She had indicated by letter to the Magistrates Court dated 15 November 2022 that, effectively, she was pleading not guilty to the charge.
The learned Magistrate proceeded in the appellant's absence under s 55(2)(b) of the Criminal Procedure Act 2004 (WA).
After a hearing which, from the transcript, appears to have lasted 15 minutes, the learned Magistrate convicted the appellant, imposed a $650 fine and awarded $2,500 in costs in favour of the prosecutor.
Grounds of Appeal
The appellant's two grounds initially were:
1.the appellant suffered a miscarriage of justice due to…
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- Pagnoni v Jones [2023] WASC 356
- Case
- [2023] WASC 356
- Decision Date
CaseChat Overview and Summary
On Ground 1, the Court found no error in the Magistrate proceeding in the appellant's absence. Ground 2 was allowed in part as the Court found the Magistrate erred in not considering a spent conviction order, though no substantial miscarriage of justice occurred. Ground 3 was upheld as the Court found the failure to grant a spent conviction resulted in a miscarriage of justice. Ground 4 was also upheld as the Court found the fine imposed was manifestly excessive. Finally, Ground 5 was upheld as the Court found the combined fine and costs were grossly disproportionate to the criminality. The Court set aside the original sentence and costs, re-sentenced the appellant to a $200 fine, granted a spent conviction order, and substituted costs of $450 in favour of the respondent. The Court also noted that the total burden of $650 on the appellant, while still significant, was appropriate in the circumstances.
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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