JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: PETERSON -v- HAWLEY [2022] WASC 368
CORAM: FORRESTER J
HEARD: 27 SEPTEMBER 2022
DELIVERED : 1 NOVEMBER 2022
FILE NO/S: SJA 1041 of 2022
BETWEEN: NATASHA JANE PETERSON
Appellant
AND
GEOFFREY NICHOLAS HAWLEY
Respondent
ON APPEAL FROM:
For File No: SJA 1041 of 2022
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram: MAGISTRATE HARRIES
File Number : PE 35748 of 2021
Catchwords:
Criminal law – Single judge appeal – Appeal against conviction – Whether appellant behaved in a disorderly manner – Meaning of 'offensive' - Whether the magistrate erred by applying the wrong test in the context of a political communication – Whether the appellant's conduct was 'offensive' - Whether any error resulted in a substantial miscarriage of justice – Whether conviction was unreasonable and unsupported by the evidence - Criminal Code s 74a
Legislation:
Criminal Appeals Act 2004 (WA)
The Criminal Code (WA)
Result:
Leave to appeal granted on ground 1
Leave to appeal refused on ground 2
Appeal dismissed
Category: B
Representation:
Counsel:
| Appellant | : | K A Heslop |
| Respondent | : | S J Cobbett |
Solicitors:
| Appellant | : | Kathryn Heslop |
| Respondent | : | State Solicitor's Office |
Case(s) referred to in decision(s):
Coleman v Power [2004] HCA 39; (2004) 220 CLR 1
Gardner v Caporn [2005] WASCA 153
Heanes v Herangi [2007] WASC 175; (2007) 175 A Crim R 175
Keft v Fraser (unreported, WASC, Library No 6251, 21 April 1986)
Melser v Police [1967] NZLR 437
Mogridge v Foster [1999] WASCA 177
Monis v The Queen [2013] HCA 4; (2013) 249 CLR 92
Monis v The Queen; Droudis v The Queen [2011] NSWCCA 231
Morgan v Cramer [2019] WASC 68
Rundle v Innerd [2015] WASC 340
Samuels v The State of Western Australia [2005] WASCA 193; (2005) 30 WAR 473
Strahan v Brennan [2014] WASC 190
FORRESTER J:
Introduction
On 27 August 2021, the appellant was charged with behaving in a disorderly manner in a public place, contrary to s 74A(2)(a) of the Criminal Code (charge PE 35748/2021).
The appellant stood trial before a magistrate on 31 March 2022. On 6 April 2022, she was convicted and fined the sum of $1,500.
The appellant has appealed against her conviction.
The trial
The prosecution particularised the allegation as relying on s 74A(1)(a) and (b), alleging that the appellant's language and conduct was insulting and offensive.[1] At one point it appears that the appellant's counsel understood the prosecution to have confined itself to an allegation that the language and conduct was offensive,[2] but ultimately addressed the magistrate on the meanings of both 'insulting' and 'offensive'.[3]
[1] Transcript, WA Police v Natasha Jane Peterson, Magistrates Court of Western Australia, 6 April 2022, 5 (Transcript of Proceedings 6 April 2022).
[2] Transcript, WA Police…
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- Peterson v Hawley [2022] WASC 368
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- [2022] WASC 368
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