JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: PRAZMO -v- URQUHART [2018] WASCA 10
CORAM: BUSS P
MAZZA JA
MITCHELL JA
HEARD: 18 JANUARY 2018
DELIVERED : 18 JANUARY 2018
PUBLISHED : 18 JANUARY 2018
FILE NO/S: CACR 170 of 2017
BETWEEN: KRZYSZTOF PRAZMO
Appellant
AND
GORDON URQUHART
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :MARTINO J
Citation :PRAZMO -v- URQUHART [2017] WASC 215
File No :SJA 1103 of 2016
Catchwords:
Appeal against conviction - Parking offences - Whether inadequate pre-trial disclosure - Whether magistrate made error of fact - Turns on own facts
Legislation:
City of Joondalup Parking Local Law 2013 (WA)
Result:
Leave to appeal refused
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: In person
Respondent: No appearance
Solicitors:
Appellant: In person
Respondent: No appearance
Case(s) referred to in judgment(s):
Wright v McMurchy [2012] WASCA 257
JUDGMENT OF THE COURT:
(This judgment was delivered extemporaneously on 18 January 2018 and has been edited from the transcript.)
The appellant was convicted of three counts of parking his Volvo sedan in contravention of cl 3.1(4) of the City of Joondalup Parking Local Law 2013 (Local Law). Clause 3.1(4) provides:
A driver shall not park a vehicle or permit a vehicle to remain parked in a parking facility controlled by a sign stating 'Authorised Vehicles Only', without -
(a) a valid parking permit displayed inside the vehicle that is clearly visible to and able to be read by an Authorised Person from outside and from the front of the vehicle at all times while that vehicle remains parked in that parking facility; or
(b) prior written permission of the local government, the CEO, or an Authorised Person to park within the area.
Clause 1.5 of the Local Law defines a 'parking facility' to include land, buildings, shelters, parking stalls and other facilities open to the public generally for the parking of vehicles and includes signs, notices and facilities used in connection with the parking of vehicles.
Clause 9.1(1) of the Local Law relevantly provides that any person who does anything, which under the Local Law that person is prohibited from doing, commits an offence. Section 3.10 of the Local Government Act 1995 (WA) enables local laws made under that Act to provide that contravention of a provision of the local law is an offence.
The evidence of the offence was primarily that of Ms Murphy, a parking officer at the City of Joondalup and an authorised person for the purposes of the Local Law. She gave evidence that, on 6, 10 and 24 February 2015, she observed the appellant's Volvo sedan parked in Lakeside Drive in the City of Joondalup, in an area where a sign indicated that parking was for authorised vehicles only. Her evidence was that, on each date, she checked the vehicle for displayed permits and that the vehicle was not broken down, before issuing an infringement notice. Ms Murphy's…
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- AGLC
- Prazmo v Urquhart [2018] WASCA 10
- Case
- [2018] WASCA 10
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were twofold. Firstly, whether the magistrate had erred in law by convicting Prazmo without adequate disclosure of evidence. The argument was that the disclosure was insufficient, as it did not include certain crucial elements that could have influenced the outcome of the trial. Secondly, the court had to determine if there was an error of fact made by the magistrate in assessing the evidence presented.
The court reviewed the magistrate's decision and found that the disclosure provided was adequate and that there was no error of law in convicting Prazmo. The court held that the evidence provided was sufficient for the magistrate to make a finding of guilt. Furthermore, the court determined that the magistrate had not made an error of fact in their assessment of the evidence, as the findings were supported by the facts presented in the case. The appeal was therefore dismissed, and the conviction upheld.
No further orders were made by the court. The magistrate's conviction of Prazmo was affirmed, and the appeal was dismissed.
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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