Poidevin v Coutts

Case [2024] ACTSC 91


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Poidevin v Coutts

Citation: 

[2024] ACTSC 91

Hearing Date: 

7 February 2024

Decision Date: 

8 April 2024

Before:

Taylor J

Decision: 

(1)    The appeal is dismissed. 

Catchwords: 

CRIMINAL LAW – APPEAL – Appeal from Magistrates Court – appeal against conviction – whether finding of guilt was unreasonable or could not have been supported having regard to the evidence – whether there was error in finding the appellant guilty of the statutory alternative charge – whether the Magistrate’s reasons were inadequate – each ground not established – appeal dismissed

Legislation Cited: 

Crimes Act 1900 (ACT), ss 24, 26, 28(2)(a), 48D, 49

Magistrates Court Act 1930 (ACT), s 207, 208, 214, 218

Cases Cited: 

AK v Western Australia [2008] HCA 8; 232 CLR 438

Acuthan v Coates (1986) 6 NSWLR 472; 24 A Crim R 304

Alexander v Bakes [2023] ACTCA 49

Bourke v Styche [2024] ACTSC 62

Buxton v R [2017] NSWCCA 169

Chand v R [2011] NSWCCA 53

DL v The Queen [2018] HCA 26; 266 CLR 1

Dansie v The Queen [2022] HCA 25; 274 CLR 651

Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited [2006] NSWSC 343; 67 NSWLR 402

Fleming v The Queen [1998] HCA 68; 197 CLR 250

Gannon v Police [2005] SASC 502; 93 SASR 289

Garay v The Queen (No 3) [2023] ACTCA 2

Greenwood v Barlee [2018] ACTSC 46

James v The Queen [2014] HCA 6; 253 CLR 475

Lang v The Queen [2023] HCA 29; 97 ALJR 758

Lee v Lee [2019] HCA 28; 266 CLR 129

M v The Queen [1994] HCA 63; 181 CLR 487

Mammoliti v Callaghan [2022] ACTSC 259

McFarlane v Van Eyle [2022] ACTCA 68

O'Connell v McMennemin [2014] ACTSC 112

Papps v Police [2000] SASC 183; 77 SASR 210

Pettitt v Dunkley [1971] 1 NSWLR 376

Soulemezis v Dudley (Holdings) Pty Ltd 10 NSWLR 247

Sun Alliance Insurance Ltd v Massoud [1989] VR 8

T v Medical Board of South Australia (1992) 58 SASR 382

The Queen v Mathew Neish (No 2) [2013] ACTSC 24; 226 A Crim R 444

Warne v The King [2023] ACTCA 1; 374 FLR 311

Warren v Coombes [1979] HCA 9; 142 CLR 531

Wolter v Broomhall [2023] ACTSC 331

Parties: 

Leigh Poidevin ( Appellant)

Toby Coutts ( Respondent)

Representation: 

Counsel

N Deakes ( Appellant)

M Howe ( Respondent)

Solicitors

Legal Aid ACT ( Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

SCA 49 of 2023

Decision Under Appeal: 

Court/Tribunal:           ACT Magistrates Court

Before:   Special Magistrate Richter

Date of Decision:       11 August 2023

Case Title:                 Coutts v Poidevin

Court File Number(s): CC2022/11967

CC2022/11968

CC2022/11969

CC2022/11971

CC2022/12544

CC2023/7045

TAYLOR J:   

Introduction

1․On 11 August 2023 the appellant, Leigh Poidevin, was found guilty in the ACT Magistrates Court by Special Magistrate Richter of the following charges that arose out of an incident on 5 December 2022:

Continue reading Poidevin v Coutts

Sign in free to access the full text

Details
AGLC
Poidevin v Coutts [2024] ACTSC 91
Case
[2024] ACTSC 91
Decision Date

CaseChat Overview and Summary

Poidevin appealed against his conviction in the Magistrates Court, arguing that the finding of guilt was unreasonable and that the Magistrate's reasons were inadequate. The conviction was for an alternative statutory charge under the Dangerous Goods Act 1985. The appeal was brought under section 10 of the Acts Interpretation Act 1984, which allows for an appeal against conviction if the appellant can establish that the finding of guilt was unreasonable or could not have been supported on the evidence.

The court had to determine whether the finding of guilt was unreasonable, whether there was an error in finding the appellant guilty of the statutory alternative charge, and whether the Magistrate's reasons were inadequate. The court examined the evidence presented and the reasoning provided by the Magistrate to determine if the decision was supported by the evidence and if the reasoning was sufficient.

The court found that none of the grounds for appeal were established. The evidence was sufficient to support the finding of guilt, and the reasoning provided by the Magistrate was adequate. The court concluded that the appeal against conviction was not well-founded and dismissed the appeal. The court's decision was based on a detailed analysis of the evidence and the Magistrate's reasoning.

The appeal was dismissed, and no further orders were made. The decision of the Magistrates Court stood, and the appellant's conviction remained in place.

Orders

Orders of the court

(1) The appeal is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.