Parker v The State of Western Australia
[2014] WASCA 56
•17 MARCH 2014
PARKER -v- THE STATE OF WESTERN AUSTRALIA [2014] WASCA 56
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASCA 56 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACR:132/2013 | 13 FEBRUARY 2014 | |
| Coram: | McLURE P PULLIN JA BUSS JA | 17/03/14 | |
| 4 | Judgment Part: | 1 of 1 | |
| Result: | Extension of time to appeal granted Appeal allowed | ||
| B | |||
| PDF Version |
| Parties: | MITCHELL CURTIS PARKER THE STATE OF WESTERN AUSTRALIA |
Catchwords: | Criminal law Appeal against conviction Attempting to pervert the course of justice Plea of guilty Whether a miscarriage of justice occurred because, upon the admitted facts, the appellant could not in law have been guilty Turns on own facts |
Legislation: | Criminal Code (WA), s 143 |
Case References: | Bowden v The State of Western Australia [2013] WASCA 118 Windie v The State of Western Australia [2012] WASCA 61 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : PARKER -v- THE STATE OF WESTERN AUSTRALIA [2014] WASCA 56 CORAM : McLURE P
- PULLIN JA
BUSS JA
- Appellant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : WISBEY DCJ
File No : IND 116 of 2012
Catchwords:
Criminal law - Appeal against conviction - Attempting to pervert the course of justice - Plea of guilty - Whether a miscarriage of justice occurred because, upon the admitted facts, the appellant could not in law have been guilty - Turns on own facts
Legislation:
Criminal Code (WA), s 143
Result:
Extension of time to appeal granted
Appeal allowed
Category: B
Representation:
Counsel:
Appellant : Ms A S Rogers
Respondent : Mr J Mactaggart
Solicitors:
Appellant : Abigail Rogers Barristers & Solicitors
Respondent : Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Bowden v The State of Western Australia [2013] WASCA 118
Windie v The State of Western Australia [2012] WASCA 61
1 McLURE P: The appellant applies for an extension of time, and if an extension is granted, to appeal against his conviction on one count of attempting to pervert the course of justice contrary to s 143 of the Criminal Code (WA).
2 The appellant was convicted on his own plea of guilty on 15 May 2012. The facts were that on 12 March 2011 the appellant activated a multanova speed camera by driving over the speed limit. Believing he would lose his licence, the appellant telephoned police and reported that his vehicle had been stolen.
3 A police incident report was created and a number allocated. Some time in late April or early May 2011, the appellant received a traffic infringement notice with photographs of the vehicle which showed a male person driving it. The appellant declared that his vehicle had been stolen during the time of the speeding offence and claimed that he had no knowledge of the driver. As a result, the traffic infringement notice was discontinued and the fine was withdrawn.
4 In fact, the appellant was the driver of the speeding vehicle. On 2 June 2011 he participated in a video-recorded interview with police and made full admissions to fabricating the stolen vehicle scenario to avoid receiving the infringement notice because the associated demerit points would lead to his licence being suspended. The reason for his deception was accepted by the State.
5 The sole ground of appeal is that a miscarriage of justice has occurred because the facts alleged by the State, and accepted by the appellant, were incapable of making out the elements of the offence of attempting to pervert the course of justice. The core of the appellant's claim is that his case is indistinguishable from that of Bowden v The State of Western Australia [2013] WASCA 118.
6 The respondent accepts that there is no material difference between the circumstances of the offending in Bowden and the circumstances of the present case.
7 The respondent also concedes that the evidence is incapable of supporting the proposition that the appellant's acts had the tendency to frustrate or deflect a prosecution before a judicial tribunal which the appellant contemplated may possibly be instituted. As with Bowden, the only inference reasonably open on the evidence is that the appellant intended by the false statements to avoid the consequences of the issue of the traffic infringement notice, namely the fine, demerit points and consequential suspension of his driver's licence due to the accrual of too many demerit points.
8 A plea of guilty will be set aside if, upon the admitted facts, the appellant could not in law have been guilty of the offence: Windie v The State of Western Australia [2012] WASCA 61 [31]. Accordingly, the respondent concedes that the appeal should be allowed. The concession is correctly made.
9 There was no material delay between the delivery of the judgment in Bowden and the commencement of this appeal. Accordingly, an extension of time to appeal should be granted, the conviction set aside and a judgment of acquittal entered.
10 PULLIN JA: I agree with McLure P.
11 BUSS JA: I agree with McLure P.
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