Phillips v Arnold

Case [2009] TASSC 43


[2009] TASSC 43

CITATION:                 Phillips v Arnold [2009] TASSC 43

PARTIES:  PHILLIPS, David William
  v
  ARNOLD, Ashley William Roy

TITLE OF COURT:  SUPREME COURT OF TASMANIA (FULL COURT)
JURISDICTION:  APPELLATE
FILE NO/S:  180/2008
DELIVERED ON:  11 June 2009
DELIVERED AT:  Hobart
HEARING DATE:  12 May 2009
JUDGMENT OF:  Crawford CJ, Blow and Porter JJ

CATCHWORDS:

Magistrates – Jurisdiction and procedure generally – Procedure – The hearing – Matters relating to decision – Duty to state reasons – Whether a preference for one witness over another a sufficient reason for conviction.

James v Eyles [2007] TASSC 55, applied.
Keyte (2000) 118 A Crim R 463; R v Power (2003) 141 A Crim R 203, distinguished.
Aust Dig [128]

REPRESENTATION:

Counsel:
             Appellant:  G A Richardson
             Respondent:  J Williams
Solicitors:
             Appellant:  G A Richardson
             Respondent:  Director of Public Prosecutions

Judgment Number:  [2009] TASSC 43
Number of paragraphs:  75

Serial No 43/2009
File No 180/2008

DAVID WILLIAM PHILLIPS v ASHLEY WILLIAM ROY ARNOLD

REASONS FOR JUDGMENT  FULL COURT

CRAWFORD CJ
BLOW J
PORTER J
11 June 2009

Orders of the Court

  1. Motion to review upheld.

  1. Conviction quashed.

Serial No 43/2009
File No 180/2008

DAVID WILLIAM PHILLIPS v ASHLEY WILLIAM ROY ARNOLD

REASONS FOR JUDGMENT  FULL COURT

CRAWFORD CJ
11 June 2009

  1. The appellant was charged in a magistrates court with driving a motor vehicle on 5 December 2003 on Stewart Street, Devonport, while alcohol was present in his blood in a concentration greater than 0.05 of a gram of alcohol in 100 millilitres of blood, namely 0.174 grams, contrary to the Road Safety (Alcohol & Drugs) Act 1970, s6(1).

  1. Following a defended hearing at which two police officers gave evidence for the complainant and the appellant gave evidence in his own defence, the learned magistrate found the charge proved.  The defence that was rejected was that at no time did the appellant drive the vehicle in question.

  1. The appellant moved for a review of the conviction under the Justices Act 1959, PtXI. There were two grounds: that there was insufficient evidence to satisfy the learned magistrate that the appellant had driven the vehicle; and that the learned magistrate gave no reasons for preferring the evidence of Constable Rigby to the evidence of the appellant. The second ground was expanded by written particulars to include an assertion of error by the learned magistrate in giving no reasons for implicitly rejecting the evidence of the appellant beyond reasonable doubt.

  1. A judge dismissed the motion to review*.  Concerning the first ground, it was held that on the evidence it was open to the learned magistrate to be satisfied beyond reasonable doubt that the appellant drove the vehicle.  Concerning the second ground, it was held that it was implicit in the reasons given by the learned magistrate that he accepted beyond reasonable doubt the evidence of the prosecution witnesses that the appellant drove the vehicle and rejected beyond reasonable doubt the evidence of the appellant that he did not do so.  It was also held that, given…

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Phillips v Arnold [2009] TASSC 43
Case
[2009] TASSC 43
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CaseChat Overview and Summary

In the matter of Phillips v Arnold, the respondent sought review of a decision made by the Magistrates’ Court of Victoria. The dispute centred on the procedure and jurisdiction of the court, specifically whether the magistrate was required to provide reasons for a conviction and if a preference for one witness over another constituted a sufficient reason.

The court was tasked with determining whether the magistrate's decision to convict the respondent without providing explicit reasons for preferring one witness over another was lawful. The primary legal issue was whether the duty to state reasons for a conviction required more than just a preference for one witness over another, and if such a preference alone was adequate to uphold the conviction.

The court found that the duty to state reasons for a conviction goes beyond merely expressing a preference for one witness over another. It held that the magistrate must provide a clear and rational explanation for the preference, detailing why the preferred evidence was deemed more reliable or credible. The court held that the reasons provided were insufficient and quashed the conviction, concluding that the magistrate's preference alone did not justify the decision.

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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