Pallett v Paul

Case [2007] WASC 290


PALLETT -v- PAUL [2007] WASC 290



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2007] WASC 290
Case No:SJA:1056/200718 OCTOBER 2007
Coram:HASLUCK J2/12/07
27Judgment Part:1 of 1
Result: Appeal against conviction dismissed
Fine varied
B
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Parties:NADA BETI PALLETT
KAROLYN LOUISE PAUL

Catchwords:

Criminal law
Appellant convicted of driving a vehicle without a valid vehicle licence
Whether magistrate erred in refusing to grant adjournment of hearing
Whether effect of refusal to adjourn denied appellant an opportunity of acquittal
Held on appeal that defence of honest and reasonable but mistaken belief had no real prospect of defence
s 24 of Criminal Code (WA) excluded by specific provisions of Road Traffic Act 1974 (WA)
Appeal dismissed in the absence of any miscarriage of justice

Legislation:

Criminal Appeals Act 2004 (WA), s 14(2), s 40(1)(e)
Criminal Code (WA), s 24
Road Traffic Act 1974 (WA), s 15(1), s 15 (3)

Case References:

Aubertin v Western Australia (2006) 33 WAR 87
Bennett v Councillor [2001] WASCA 342
Birks v Western Australia (2007) 33 WAR 291
Chamberlain v The Queen (No 2) (1984) 153 CLR 521
De La Espriella-Velasco v The Queen (2006) 31 WAR 291
Easterday (2003) 143 A Crim R 154
G J Coles & Co Ltd v Goldsworthy [1985] WAR 183
Geraldton Fishermen's Co-operative Ltd v Munro [1963] WAR 129
Greer (1992) 62 A Crim R 442
Harling v Hall (1997) 94 A Crim R 437
Hillstead v The Queen [2005] WASCA 116
Lappan v Hughes [2003] WASCA 173
Lawless v Turner [2007] WASCA 127
Lawless v Turner [2007] WASCA 2
Leary v The Queen [1975] WAR 133
McPherson v Cairn [1977] WAR 28
Mickelberg v The Queen (2004) 29 WAR 13
Ottobrino v Espinoza (1995) 14 WAR 373
Proudman v Dayman (1941) 67 CLR 536
R v Jones [1971] VR 72
R v McGill [1967] VR 683
Wroblewski v Starling [1987] WAR 233


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : PALLETT -v- PAUL [2007] WASC 290 CORAM : HASLUCK J HEARD : 18 OCTOBER 2007 DELIVERED : 3 DECEMBER 2007 FILE NO/S : SJA 1056 of 2007 BETWEEN : NADA BETI PALLETT
    Appellant

    AND

    KAROLYN LOUISE PAUL
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE P G MALONE

File No : PE 54901 of 2006


Catchwords:

Criminal law - Appellant convicted of driving a vehicle without a valid vehicle licence - Whether magistrate erred in refusing to grant adjournment of hearing - Whether effect of refusal to adjourn denied appellant an opportunity of acquittal - Held on appeal that defence of honest and reasonable but mistaken belief had no real prospect of defence - s 24 of Criminal Code (WA) excluded by specific provisions of Road Traffic Act 1974 (WA) - Appeal dismissed in the absence of any miscarriage of justice


(Page 2)



Legislation:

Criminal Appeals Act 2004 (WA), s 14(2), s 40(1)(e)


Criminal Code (WA), s…

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Pallett v Paul [2007] WASC 290
Case
[2007] WASC 290
Decision Date

CaseChat Overview and Summary

The appellant, Pallett, was convicted by a magistrate of driving a vehicle without a valid vehicle licence and sought to appeal the decision. The court had to consider whether the magistrate erred in refusing to grant an adjournment of the hearing and whether the refusal to adjourn denied the appellant an opportunity of acquittal. The court also had to consider the applicability of section 24 of the Criminal Code (WA) and whether it was excluded by the specific provisions of the Road Traffic Act 1974 (WA). The court held that the defence of honest and reasonable but mistaken belief had no real prospect of succeeding and that section 24 of the Criminal Code (WA) was excluded by the specific provisions of the Road Traffic Act 1974 (WA). The appeal was dismissed in the absence of any miscarriage of justice. The court varied the fine imposed by the magistrate.

The appellant argued that the magistrate erred in refusing to grant an adjournment of the hearing. The appellant submitted that the adjournment was necessary to obtain legal advice and to prepare a defence. However, the court held that the appellant had not demonstrated any exceptional circumstances that warranted an adjournment. The court noted that the appellant had been aware of the charge for some time and had not sought an adjournment earlier. The court held that the refusal to adjourn did not deny the appellant an opportunity of acquittal.

The court also considered the applicability of section 24 of the Criminal Code (WA) which provides a defence of honest and reasonable but mistaken belief. The court held that the defence had no real prospect of succeeding as the appellant had not provided any evidence to support the defence. The court noted that the appellant had not taken any steps to obtain a licence and had not made any inquiries with the relevant authorities. The court held that the defence was not available to the appellant.

The court also considered whether section 24 of the Criminal Code (WA) was excluded by the specific provisions of the Road Traffic Act 1974 (WA). The court held that the specific provisions of the Road Traffic Act 1974 (WA) excluded the operation of section 24 of the Criminal Code (WA). The court noted that the Road Traffic Act 1974 (WA) imposed strict liability for driving a vehicle without a valid licence and did not provide for a defence of honest and reasonable but mistaken belief. The court held that the specific provisions of the Road Traffic Act 1974 (WA) excluded the operation of section 24 of the Criminal Code (WA).

Orders

Orders of the court

Appeal against conviction dismissed

Fine varied

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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