JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: PAPAS -v- GODWIN [2010] WASC 226
CORAM: SIMMONDS J
HEARD: 11 JUNE 2010
DELIVERED : 11 JUNE 2010
PUBLISHED : 24 AUGUST 2010
FILE NO/S: SJA 1025 of 2010
BETWEEN: DANIEL JACE PAPAS
Appellant
AND
WAYNE GODWIN
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE P M HOGAN
File No :PE 13657 of 2010
Catchwords:
Criminal law - Appeal from magistrate's failure to make spent conviction order - No such order sought before magistrate - Whether error in law or fact - Whether on fresh evidence miscarriage of justice - Whether clear and convincing evidence of particular circumstances showing why it would be desirable for both the offender and the community to relieve offender immediately of the adverse effects of the conviction
Legislation:
Criminal Appeals Act 2004 (WA), s 14(5)
Criminal Code WA, s 74A(2)(a)
Sentencing Act 1995 (WA), s 45
Result:
Leave to appeal granted
Appeal allowed
Spent conviction order made
Category: B
Representation:
Counsel:
Appellant: In person
Respondent: Ms R Young & Mr N T John
Solicitors:
Appellant: In person
Respondent: State Solicitor for Western Australia
Case(s) referred to in judgment(s):
A v Staples [2007] WASCA 36
Brewer v Bayens [2002] WASCA 271; (2002) 26 WAR 510
Casely v Zampogna [2006] WASC 259
Ennis v D'Andrilli [2007] WASC 263
Fitzsimons v GD [2008] WASC 172
R v Tognini [2000] WASCA 31; (2000) 22 WAR 291
Redding v Robinson [2009] WASC 403
Riggall v The State of Western Australia [2008] WASCA 69
SIMMONDS J:
Introduction
On 11 June 2010 I heard both an application for leave to appeal, and the appeal itself, against a sentence imposed in the Magistrates Court on 19 February 2010. The appellant had been fined $150 and ordered to pay costs of $119.20 following his guilty plea to a charge of disorderly behaviour in public under Criminal Code (WA) s 74A(2)(a). The question on appeal was whether a spent conviction order ought to be made in respect of that conviction.
At the hearing of 11 June 2010, I granted the application for leave to appeal, allowed the appeal, and ordered that a spent conviction order be made, with reasons to follow.
These are the reasons for those orders.
The facts and Magistrates Court proceedings
The facts of the offence, appearing in the statement of material facts, are as follows:
At about 10:20 pm on Saturday the 9th of January 2010, the accused was in Michael Close, Northbridge. Police were in the area conducting patrols targeting anti‑social behaviour within the Northbridge entertainment precinct. The accused was observed urinating on a ticket machine in the carpark and was in full view of the public in the carpark as the whole area is illuminated by street lighting. At the time of the offence…
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- AGLC
- Papas v Godwin [2010] WASC 226
- Case
- [2010] WASC 226
- Decision Date
CaseChat Overview and Summary
The court held that the magistrate's failure to make a spent conviction order was not an error in law or fact, as the appellant had not sought such an order before the magistrate. The court also found that there was no miscarriage of justice on the fresh evidence provided. The evidence did not clearly and convincingly demonstrate particular circumstances that would justify relieving the appellant of the adverse effects of the conviction immediately. The court considered the nature of the offence, the time elapsed since the conviction, and the appellant's subsequent conduct, concluding that these factors did not warrant a spent conviction order.
The appeal was dismissed, and no orders were made in favour of the appellant. The court reiterated the importance of seeking a spent conviction order at the appropriate time and the need for clear and convincing evidence to justify such an order. The decision highlights the stringent requirements for a spent conviction order and the limited circumstances in which the court will intervene.
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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