Palmer v Lacco

Case [2013] WASC 236


PALMER -v- LACCO [2013] WASC 236



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 236
Case No:SJA:1024/201321 MAY 2013
Coram:CORBOY J19/06/13
22Judgment Part:1 of 1
Result: Appeal allowed
New trial ordered
B
PDF Version
Parties:MICHAEL ANDREW PALMER
ALLON MITCHELL LACCO

Catchwords:

Criminal law
Stealing a motor vehicle
Appeal against finding that the respondent had no case to answer
Whether admissions made for the purpose of s 32 Evidence Act 1906 (WA)
Whether magistrate's reasons sufficient

Legislation:

Criminal Code (WA), s 371A, s 378
Evidence Act 1906 (WA), s 32

Case References:

The State of Western Australia v Burke [2011] WASCA 190
Bennett v Carruthers [2010] WASC 5
Director of Public Prosecutions (NSW) v Elias [2013] NSWSC 28
Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd [2006] NSWSC 343
Director of Public Prosecutions v Ali [2009] VSCA 162; (2009) 23 VR 203
Garrett v Nicholson [1999] WASCA 32; (1999) 21 WAR 226
Heijne v The State of Western Australia [2010] WASCA 86
Hodder v Ball [2012] WASC 350
Lyons v Smart [1908] HCA 34; (1908) 6 CLR 143
Morrison v Kiwi Electrix Pty Ltd (1998) 19 WAR 482
Mount Lawley Pty Ltd v Western Australian Planning Commission [2004] WASCA 149; (2004) 29 WAR 273
Mountford v Magistrates Court of South Australia [2006] SASC 184; (2006) 95 SASR 103
R v Lennard [1973] 1 WLR 483; [1973] 2 All ER 831
R v Pollard [1962] QWN 13
Robinson v Hart [2005] WASC 268
Smart v Pepper (1987) 26 A Crim R 140
Stubley v The State of Western Australia [2010] WASCA 36
Stubley v The State of Western Australia [2011] HCA 7; (2011) 242 CLR 374
Tey v Lewis [2012] WASCA 174
The State of Western Australia v Wood [2008] WASCA 81
Williams v The Queen [1982] WAR 277


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : PALMER -v- LACCO [2013] WASC 236 CORAM : CORBOY J HEARD : 21 MAY 2013 DELIVERED : 19 JUNE 2013 FILE NO/S : SJA 1024 of 2013 BETWEEN : MICHAEL ANDREW PALMER
    Appellant

    AND

    ALLON MITCHELL LACCO
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE CAMPIONE

File No : PE 30758 of 2012


Catchwords:

Criminal law - Stealing a motor vehicle - Appeal against finding that the respondent had no case to answer - Whether admissions made for the purpose of s 32 Evidence Act 1906 (WA) - Whether magistrate's reasons sufficient



(Page 2)

Legislation:

Criminal Code (WA), s 371A, s 378


Evidence Act 1906 (WA), s 32

Result:

Appeal allowed


New trial ordered

Category: B


Representation:

Counsel:


    Appellant : Ms S Linton
    Respondent : In person

Solicitors:

    Appellant : Director of Public Prosecutions (WA)
    Respondent : In person



Case(s) referred to in judgment(s):

The State of Western Australia v Burke [2011] WASCA 190
Bennett v Carruthers [2010] WASC 5
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PALMER -v- LACCO [2013] WASC 236
Case
[2013] WASC 236
Decision Date

CaseChat Overview and Summary

The respondent was charged with stealing a motor vehicle, contrary to section 257 of the Criminal Code (WA). After a trial, the respondent was found guilty. The respondent appealed against the conviction, claiming that the magistrate erred in law by finding that there was a case to answer. The respondent argued that the admissions made during the trial were not for the purpose of section 32 of the Evidence Act 1906 (WA) and that the magistrate's reasons were insufficient. The appeal was heard by the District Court of Western Australia.

The court had to determine whether the admissions made by the respondent were for the purpose of section 32 of the Evidence Act 1906 (WA) and whether the magistrate's reasons were sufficient. The court had to consider the evidence presented during the trial and determine whether the respondent had a case to answer. The court also had to consider whether the magistrate's reasons were sufficient to justify the finding that the respondent had a case to answer.

The court found that the admissions made by the respondent were not for the purpose of section 32 of the Evidence Act 1906 (WA) and that the magistrate's reasons were insufficient. The court found that the respondent had no case to answer and allowed the appeal. The court ordered a new trial. The court found that the respondent's admissions were not voluntary and that the magistrate's reasons were insufficient to justify the finding that the respondent had a case to answer. The court found that the respondent's admissions were not relevant to the charge and that the magistrate's reasons did not address the relevant issues.

Orders

Orders of the court

Appeal allowed

New trial ordered

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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