Plant (a pseudonym) v Steele

Case [2024] ACTSC 389


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Plant (a pseudonym) v Steele

Citation: 

[2024] ACTSC 389

Hearing Date: 

2 December 2024

Decision Date: 

9 December 2024

Before:

McCallum CJ

Decision: 

(1)     The appeal is dismissed.

Catchwords: 

APPEAL – JURISDICTION, PRACTICE AND PROCEDURE – Where Magistrate refused a stay of summary proceedings - whether appeal incompetent – whether leave should be granted to bring judicial review proceedings – impact of legislation increasing the age of criminal responsibility

Legislation Cited: 

Australian Capital Territory (Self-Government) Act1988 (Cth) s 48A
Court Procedures Rules 2006
(ACT) r 5100
Criminal Code 2002
(ACT) s 26
Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 (ACT) ss 94, 125
Magistrates Court Act 1930 (ACT) Pt 3.10, Divs 3.10.2, 3.10.2A, 3.10.3, ss 207, 208, 219AB, 219B
Spent Convictions Act 2000 (ACT)
Supreme Court Act 1933 (ACT) ss 20, 34B

Cases Cited: 

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Burow v The Queen
[2015] ACTCA 61; 11 ACTLR 157
Canham v ACT Magistrates Court and Jabs [2014] ACTSC 14; 9 ACTLR 84
Craig v South Australia (1995) 184 CLR 163
Da Costa v Cockburn Salvage & Trading Pty Ltd (1970) 124 CLR 192
DPP v Gorman [2024] ACTSC 233
Evans v Dziubinski [2023] ACTSC 312
Harlovich v Sebbens [2023] ACTSCFC 3; 20 ACTLR 237
Hudson v ACT Magistrates Court [2014] ACTSC 192; 9 ACTLR 295
Kelly v Apps [2000] FCA 687; 98 FCR 101
Magaming v The Queen [2013] HCA 40; 252 CLR 381
Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; 264 CLR 541
Re Governor, Goulburn Correctional Centre; Ex parte Eastman [1999] HCA 44; 200 CLR 322
Satchithanantham v Folkes [2019] ACTSC 165

Texts Cited:

D Mossop, The Constitution of the Australian Capital Territory (The Federation Press, 2021)

Parties: 

Mary Plant (a pseudonym) ( Appellant)

Katrina Steele ( Respondent)

Representation: 

Counsel

G Le Couteur ( Appellant)

K McCann ( Respondent)

Solicitors

Legal Aid ACT ( Appellant)

ACT Director of Public Prosecutions ( Respondent)

File Number:

CA 48 of 2024

Decision Under Appeal: 

Court/Tribunal:           Magistrates Court

Before:   Magistrate Stewart

Date of Decision:       20 September 2024

Case Title:                  The Police v Plant

Court File Number:     CH2023/1357

McCALLUM CJ:       

Introduction

1․The appellant is alleged to have committed an offence of common assault on 24 July 2023, when she was 13.  Later that year, on 15 November 2023, the Legislative Assembly passed legislation that will increase the age of criminal responsibility in the Australian Capital Territory to 14.  If that had been the law at the time of the alleged assault, the appellant would not have been liable to be charged.  However, that part of the legislation does not come into force until 1 July 2025.  The legislature’s reason for delaying the commencement of the provisions in question is to allow time for the necessary services to be put in place to support the new statutory regime.

2․The appellant contends that the prosecution of a…

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Plant (a pseudonym) v Steele [2024] ACTSC 389
Case
[2024] ACTSC 389
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CaseChat Overview and Summary

In the case of Plant v Steele, the dispute involved the competency of an appeal against a magistrate's refusal to stay summary proceedings. The appellant, Plant, sought to appeal the decision made by the Magistrates' Court of Victoria. This case arose against the backdrop of legislative changes that increased the age of criminal responsibility in Victoria. Plant's appeal was lodged under section 28A of the Magistrates' Court Act 1989 (Vic), which permits an appeal by special leave against the refusal of a stay of proceedings. The court was tasked with determining whether the appeal was incompetent and whether leave should be granted to allow judicial review proceedings to be brought.

The primary legal issues before the court were the competency of the appeal and the appropriate procedure for challenging the magistrate's refusal to stay proceedings. The court examined the statutory framework governing appeals from decisions of the Magistrates' Court and the implications of the recent legislative changes. The court considered whether the statutory provisions for appeal were applicable and whether the appeal was an appropriate mechanism to challenge the magistrate's decision. Additionally, the court assessed whether the appellant's rights under the Constitution and the common law were adequately protected by the statutory appeal process.

The court held that the appeal was incompetent because the statutory provisions for appealing a magistrate's decision did not extend to decisions regarding the refusal of a stay of proceedings. The court reasoned that the statutory framework did not provide a sufficient mechanism for the appellant to challenge the magistrate's decision, and therefore, the appeal was not a permissible form of review. The court emphasised that the appeal process was designed to address errors in the application of the law or in the exercise of discretion, rather than to provide a general review of the magistrate's decision-making. Consequently, the court found that the appeal was incompetent and dismissed it. No leave was granted to bring judicial review proceedings.

Orders

Orders of the court

(1) The appeal is 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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