Parkinson v Alexander

Case [2016] ACTSCFC 1


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

FULL COURT

Case Title:

Parkinson v Alexander

Citation:

[2016] ACTSCFC 1

Hearing Date:

3 November 2015

DecisionDate:

15 April 2016

Before:

Murrell CJ, Refshauge and Wigney JJ

Decision:

Application dismissed.

Catchwords:

WORDS AND PHRASES – “Conviction” – whether conviction has an ordinary meaning – whether a finding of guilt is a conviction

PRACTICE AND PROCEDURE – Appeals to Supreme Court from finding of guilt – Magistrates Court Act 1930 (ACT) s 208(1)(b)

PRACTICE AND PROCEDURE – Appeals to Supreme Court where “non-conviction order” is a possible penalty

HUMAN RIGHTS – Appeal rights – whether the Human Rights Act 2004 (ACT) aids interpretation – where appeal is sought after fair hearing

Legislation Cited:

Court of Petty Sessions Ordinance (No. 2) 1930 (ACT) ss 207, 208

Court Procedure Rules 2006 (ACT) r 5172(1)
Crimes (Sentencing Procedure) Act 1999 (NSW) s 10
Crimes (Sentencing) Act 2005 (ACT) ss 6(e), 7, 8, 17, 33
Crimes Act 1900 (ACT) ss 374, 375, 396, 402, 430, 556A, 556B
Crimes Act 1914 (Cth) s 19B(3)
Crimes Legislation Amendment Act 2001 (ACT) s 43
Crimes Ordinance 1971 (No. 2) (ACT)
Criminal Appeal Act 1912 (NSW) s 5AA
Criminal Code 2002 (ACT) s 715
Customs Act 1901 (Cth) s 248
European Convention for the Protection of Human Rights and Fundamental Freedoms art 8
Excise Act 1901 (Cth)
Federal Court of Australia Act 1976 (Cth) s 24
Human Rights Act 2004 (ACT) ss 12, 22(4), 28, 29, 30(1)
International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) arts 14(5), 17
Justices Act 1921 (SA) s 163
Justices Act 1928 (NT) s 163
Legislation Act 2001 (ACT), ss 127, 137, 138, 139(1), 140, 141
Magistrates Court Act 1930 (ACT) ss 25, 113, 114, 208(1)(b), 208(1)(c), 208(1)(e), 208(1)(g), 216, 218, 219B, 219D
Sentencing Legislation Amendment Act 2006 (ACT)

Supreme Court Act 1933 (ACT) s 13(2)

Cases Cited:

Balthazar v The Queen [2012] ACTCA 26

Bloxham v Wyte (2013) 278 FLR 365
Burow v The Queen [2015] ACTCA 61
Byrnes v The Queen (1999) 199 CLR 1
Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd (2003) 216 CLR 161
Cobiac v Liddy (1969) 119 CLR 257
Davies v Ryan (1933) 50 CLR 379
Davison & Ors v State of Queensland (2006)
Eastman v Besanko (2010) 244 FLR 262
Eastman v Director of Public Prosecutions [No 2] (2014) 9 ACTLR 178
Fry v Jennings (1983) 25 NTR 19
H v Minister for Immigration and Citizenship (2010) 188 FCR 393
Hinton v The Queen (2000) 177 ALR 300
Human Rights Committee, Decision: Communication No. 536/1993, 53rd sess, UN Doc CCPR/C/53/D/536/1993 (28 March 1995)
Lacey v Attorney-General (Qld) (2011) 242 CLR 573
Legal Practitioner v Council of the Law Society of the ACT [2014] ACTSC 256
Legal Services Board v Gillespie-Jones (2013) 249 CLR 493
Maxwell v The Queen (1996) 184 CLR 501
McNamara (McGrath) v Consumer Trader and…

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Parkinson v Alexander [2016] ACTSCFC 1
Case
[2016] ACTSCFC 1
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CaseChat Overview and Summary

In Parkinson v Alexander, the respondent sought leave to appeal against a conviction for a traffic offence imposed by the Magistrates Court of the ACT. The central issue was whether the appeal to the Supreme Court was permissible under the Magistrates Court Act 1930 (ACT), specifically section 208(1)(b), which provides for an appeal to the Supreme Court from a finding of guilt. The appellant contended that since the offence did not result in a conviction but rather a "non-conviction order," the appeal was not covered by the statute. The respondent argued that the statutory language was broad enough to encompass any finding of guilt, regardless of the penalty imposed.

The court considered the meaning of "conviction" in the context of the Act, examining whether a finding of guilt alone constitutes a conviction. The court also addressed the role of the Human Rights Act 2004 (ACT) in interpreting the appeal rights, particularly in ensuring a fair hearing. The court concluded that the term "conviction" in section 208(1)(b) of the Act was indeed broad enough to include findings of guilt, regardless of the penalty. The court further held that the appeal rights provided under the Human Rights Act were not applicable to this context, as the appeal was sought after a fair hearing was already provided.

Consequently, the court denied the application for leave to appeal. The court found that the statutory language permitted an appeal from a finding of guilt, irrespective of the penalty. As the respondent had already received a fair hearing, the Human Rights Act did not extend the appeal rights in this instance. The application was dismissed, affirming that the appeal was not permissible under the Magistrates Court Act.

Orders

Orders of the court

Application 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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