SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
PLAYFORD v POLICE
[2017] SASC 26
Judgment of The Honourable Justice Vanstone
9 March 2017
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST CONVICTION RECORDED ON GUILTY PLEA
Appeal against sentence and application to amend notice of appeal to appeal against conviction. Where applicant pleaded guilty in the Magistrates Court to managing and keeping a brothel, dishonestly dealing with property and assisting in the management of a brothel. Where Magistrate recorded a conviction for all three counts. Whether Magistrate erred in declining to exercise her discretion not to record convictions. Whether the admitted facts of count three constitute the offence charged.
Held: The appeal is dismissed. The admitted facts of count 3 amounted to the offence. The approach to imposition of penalty taken by the Magistrate was not attended by error. It was within the Magistrate’s discretion to decline not to record convictions.
Summary Offences Act 1953 (SA) s 28; Criminal Law Consolidation Act 1935 (SA) s 267; Criminal Law (Sentencing) Act 1988 (SA) s 16, s 39, referred to.
MacGregor v Police (1995) 66 SASR 269; McDermott v Police [2014] SASC 175; Sims v Police [2000] SASC 102, applied.
PLAYFORD v POLICE
[2017] SASC 26Magistrates Appeal – Criminal
VANSTONE J.
Mathew William Playford pleaded guilty before a Magistrate to managing and keeping a brothel, dishonestly dealing with money, and assisting in the management of a brothel. The third offence was committed while on bail for the first two. Convictions were recorded on all counts. A single penalty was imposed in the form of a bond under s 39 of the Criminal Law (Sentencing) Act 1988 (SA) in the sum of $1500 for six months, under which the appellant agreed to be of good behaviour and to come up for sentence if called upon.
He now appeals against that disposition, arguing that convictions should not have been imposed, and he seeks to amend the notice of appeal so as to challenge the finding of guilt on the third offence, notwithstanding his plea of guilty.
Background
The appellant is a qualified lawyer. At the time of these offences he was no longer practising, due to having been declared bankrupt. Until about September 2016 he was represented by Messrs Caldicott Lawyers. However he terminated their instructions. From that time he represented himself. Prior to his final appearance before the Magistrate on 28 September 2016 the appellant provided to the Court a written outline of submissions in mitigation of penalty. On 28 September 2016 he made oral submissions before the Magistrate. The Magistrate gave ex tempore remarks and imposed penalty on that day.
The appellant prepared a notice of appeal and sought to lodge it at the Registry. However, because the fee was not proffered with it, it was not received. On about 11 October 2016 Messrs Shaw and Henderson were engaged by the appellant and…
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- Playford v Police [2017] SASC 26
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- [2017] SASC 26
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CaseChat Overview and Summary
The court examined the grounds of appeal, starting with the second ground, which contended that the conviction on the third count was a miscarriage of justice. The appellant had indicated to the police prosecutor that he would plead guilty to all three counts, but on the day of the hearing, the particulars of the complaint for count three were amended. The court acknowledged that the penalty might not have been significantly different, but the prosecutor should have been permitted to call evidence and argue the factual basis for the imposition of penalty. The court found that it would have been wrong for the Magistrate to have acceded to the request not to record convictions. The court concluded that the Magistrate's decision to proceed in the usual way was correct, and the appeal was dismissed.
The final orders of the court were to allow the amendment to ground one of the notice of appeal, refuse the amendment to ground two of the notice of appeal, and dismiss the appeal.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: VANSTONE J
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