PAR -v- JLT [2015] WASC 362

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WASC 362
Published:	30/09/2015
Case No:	SJA:1058/2015	Heard:	23 SEPTEMBER 2015
Coram:	FIANNACA J	Delivered:	23/09/15
No of pages:	5	Judgment Part:	1 of 1
Result:	Leave to appeal refused Appeal dismissed
Category:	B
PDF Version

Parties:	PAR JLT
Catchwords:	Appeal Practice and procedure Application for leave to appeal against interim violence restraining order Whether appeal was competent under pt 2 of the Criminal Appeals Act 2004 (WA) Statutory scheme for appealing violence restraining orders
Legislation:	Criminal Appeals Act 2004 (WA), s 7, s 10(3) Magistrates Court (Civil Proceedings) Act 2004 (WA), s 40, s 41, s 42 Restraining Orders Act 1997 (WA), s 29(1)(a), s 32, s 33, s 64
Case References:	JS v The State of Western Australia [2014] WASCA 177 Re Magistrate G Smith; Ex parte Ives [2010] WASC 249

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : PAR -v- JLT [2015] WASC 362 CORAM : FIANNACA J HEARD : 23 SEPTEMBER 2015 DELIVERED : 23 SEPTEMBER 2015 PUBLISHED : 30 SEPTEMBER 2015 FILE NO/S : SJA 1058 of 2015 BETWEEN : PAR

Plaintiff

AND

JLT

Respondent

ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE E K LANGDON

File No : FR RO 437 of 2015

Catchwords:

Appeal - Practice and procedure - Application for leave to appeal against interim violence restraining order - Whether appeal was competent under pt 2 of the Criminal Appeals Act 2004 (WA) - Statutory scheme for appealing violence restraining orders

Legislation:

Criminal Appeals Act 2004 (WA), s 7, s 10(3)

Magistrates Court (Civil Proceedings) Act 2004 (WA), s 40, s 41, s 42
Restraining Orders Act 1997 (WA), s 29(1)(a), s 32, s 33, s 64

Result:

Leave to appeal refused

Appeal dismissed

Category: B

Representation:

Counsel:

Plaintiff : In person

Respondent : No appearance

Solicitors:

Plaintiff : In person

Respondent : No appearance

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

JS v The State of Western Australia [2014] WASCA 177
Re Magistrate G Smith; Ex parte Ives [2010] WASC 249

1 FIANNACA J: On 24 June 2015, in the Fremantle Magistrates Court, Magistrate Langdon made an interim violence restraining order against the appellant under the Restraining Orders Act 1997 (WA). Essentially, the purpose and effect of the order was to prevent contact between the appellant and his daughter MR. The order was made after the learned magistrate had heard evidence from the respondent on 16 June 2015 and from Detective Jason Fuller on 24 June 2015. The appellant was not present at the proceedings.

2 By appeal notice filed 24 July 2015, the appellant seeks leave to appeal against the decision of the learned magistrate to make the interim violence restraining order, the appeal purporting to be under pt 2 of the Criminal Appeals Act 2004 (WA). The appeal notice also refers to a 'bail alteration', but the decision concerning that matter is not identified. I will return…

Grounds of appeal

[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.

Continue reading PAR v JLT

Details

AGLC: PAR v JLT [2015] WASC 362
Case: [2015] WASC 362
Decision Date: 30 SEPTEMBER 2015

CaseChat Overview and Summary

The case of PAR v JLT involved an appeal against an interim violence restraining order. The appellant, PAR, sought leave to appeal against the decision of the Magistrates Court of Western Australia, which had issued the order. The primary issue for the court to determine was whether the appeal was competent under part 2 of the Criminal Appeals Act 2004 (WA). This involved an examination of the statutory framework governing the appeal of violence restraining orders and whether it permitted an appeal against an interim order.

The court considered the relevant statutory provisions and case law to ascertain whether the appeal fell within the scope of the Act. It was noted that part 2 of the Criminal Appeals Act 2004 (WA) provides for appeals against convictions and sentences, but does not explicitly mention appeals against restraining orders. The court concluded that since the Act does not specifically include restraining orders within its scope, the appeal was not competent under part 2. Additionally, the court observed that the statutory scheme for appealing violence restraining orders is distinct and separate, which further supported the conclusion that the appeal was not competent.

Consequently, the court held that the appeal was not competent under part 2 of the Criminal Appeals Act 2004 (WA) and dismissed the application for leave to appeal. The court further dismissed the appeal itself, as it was based on the incorrect premise of the appeal's competency. The final orders were that leave to appeal was refused and the appeal was dismissed.

Orders

Orders of the court

Leave to appeal refused

Appeal dismissed

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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