Phillips v Wroe - [2022] WASC 9

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL

CITATION:   PHILLIPS -v- WROE [2022] WASC 9
CORAM:   DERRICK J
HEARD:   12 JANUARY 2022
DELIVERED          :   12 JANUARY 2022
FILE NO/S:   SJA 1003 of 2022
BETWEEN:   AMANDA PHILLIPS
Appellant

AND

ASHLEIGH WROE
Respondent

ON APPEAL FROM:
Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram:   MAGISTRATE E O'DONNELL
File Number            :   PE 54407 of 2021, PE 54408 of 2021, PE 54409 of 2021

Catchwords:

Criminal law - Application for bail pending appeal against sentence from Magistrates Court - Whether grounds for bail made out - Turns on own facts

Legislation:

Bail Act 1982 (WA)
Controlled Border for Western Australia Directions (WA)
Criminal Appeals Act 2004 (WA)
Emergency Management Act 2005 (WA)
Presentation for Testing Directions (No 36) (WA)

Result:

Bail pending appeal granted

Category: B

Representation:

Counsel:

Appellant	:	Mr C M Townsend
Respondent	:	Ms J M Berry

Solicitors:

Appellant	:	Timpano Legal
Respondent	:	State Solicitor's Office (WA)

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

Fry v Collins [2013] WASC 371
JLD v The State of Western Australia [2020] WASCA 156
Milenkovski v The State of Western Australia [2011] WASCA 99; (2011) 42 WAR 99
Morrison v Chiera [2020] WASC 42
Scolaro v Shephard [2010] WASC 77
Vander Sanden v Johnson [2020] WASC 331
YSN v The State of Western Australia [2017] WASCA 155

DERRICK J:

(These reasons were delivered extemporaneously and have been edited from the transcript.)

Introduction

The appellant applies pursuant to s 7F(1)(b) of the Bail Act 1982 (WA) (the Act) for bail pending the determination of her application for leave to appeal against the sentence imposed on her by a magistrate for three offences of failing to comply with a direction contrary to s 86(1) of the Emergency Management Act 2005 (WA) (PE 54407/2021, PE 54408/2021 and PE 55409/2021) (offences).
The application for bail (the application) is supported by an affidavit sworn on 10 January 2022 by Mr Christopher Townsend, a solicitor employed by the firm of solicitors acting for the appellant. The appellant has also filed in support of the application the three prosecution notices for the offences and the Police Statements of Material Facts for the offences.
The respondent has provided me with the transcripts of the relevant hearings in the Magistrates Court.
The application is opposed by the respondent on the basis that the appellant may fail to appear in court in accordance with any bail undertaking and that there is no condition of bail that can reasonably be imposed that will sufficiently reduce the risk of this occurring.

Background to the application

The background to the application is as follows.
On 29 December 2021 the appellant was charged with the offences. The appellant was alleged to have committed the offences during the period 22 - 29 December 2021.
On 30 December 2021 the appellant had her first appearance in the Magistrates Court in relation to the charged offences. She was represented by duty counsel. She was not required to plead to the…

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 Phillips v Wroe

Details

AGLC: Phillips v Wroe [2022] WASC 9
Case: [2022] WASC 9
Decision Date

CaseChat Overview and Summary

Amanda Phillips appeals against the sentence imposed on her by a magistrate for three offences of failing to comply with a direction contrary to s 86(1) of the Emergency Management Act 2005 (WA). The appellant seeks bail pending the determination of her application for leave to appeal. The respondent opposes the application on the basis that the appellant may fail to appear in court in accordance with any bail undertaking and that there is no condition of bail that can reasonably be imposed that will sufficiently reduce the risk of this occurring. The court found that there was some risk of the appellant not appearing in answer to her bail if she was not kept in custody. However, the risk was low to moderate. The court was not persuaded that the risk of the appellant committing further offences if she was not kept in custody was anything other than relatively low. The court found that there were conditions that could reasonably be imposed which would sufficiently reduce the possibilities of the appellant, if she was not kept in custody, failing to appear in court in answer to her bail and committing further offences. The court granted bail and ordered the release of the appellant on bail on the following conditions: (1) the appellant is to provide a personal undertaking in the amount of $1,000; (2) the appellant is to reside at [address redacted]; (3) the appellant is to report daily to the Perth Police Station between the hours of 9.00 am and 5.00 pm; (4) the appellant is to surrender any passport held by her to the Principal Registrar of the Supreme Court by 4.00 pm on 13 January 2022, and is not to apply for any further passport; and (5) the appellant is not to leave the State of Western Australia or approach within 1 km of any international or domestic point of departure.

Orders