Quinlan v The Police

Case [2007] WASC 44


QUINLAN -v- THE POLICE [2007] WASC 44



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2007] WASC 44
Case No:SJA:1047/200630 AUGUST 2006
Coram:JOHNSON J26/02/07
46Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:JAMES MICHAEL QUINLAN
THE POLICE

Catchwords:

Defence against home invasion
Use of evidence of independent witness
Accepting evidence of complainant where it differs from evidence of independent witness
Use of evidence of good character
Failure to give adequate reasons

Legislation:

Criminal Code (WA), s 1, s 244, s 318
Dog Act 1976 (WA), s 6, s 7, s 12A, s 16, s 17, s 18, s 29, s 31, s 32, s 33A, s 33G

Case References:

Abalos v Australian Postal Commission (1990) 171 CLR 167
Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430
Devries v Australian National Railways Commission (1993) 177 CLR 472
Fox v Percy (2003) 214 CLR 118
Garrett v Nicholson (1999) 21 WAR 226
Hajinoor v Dench [2005] WASC 274
Kiama Constructions Pty Ltd v Davey (1996) 40 NSWLR 639
Lawless v Turner [2005] WASC 254
Lloyd v Faraone [1989] WAR 154
Magenta Nominees Pty Ltd v Webb, unreported; SCt of WA; Library No 980622; 29 October 1998
Melbourne v The Queen (1999) 198 CLR 1
Oui v The Queen [2006] WASCA 76
Pallot v Harrison, unreported; SCt of WA, Library No 950261, 12 May 1995
R v Phillips (1936) 26 Cr App Rep 17
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) (1999) 160 ALR 588
Subramaniam v Public Prosecutor [1956] 1 WLR 965


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : QUINLAN -v- THE POLICE [2007] WASC 44 CORAM : JOHNSON J HEARD : 30 AUGUST 2006 DELIVERED : 27 FEBRUARY 2007 FILE NO/S : SJA 1047 of 2006 BETWEEN : JAMES MICHAEL QUINLAN
    Appellant

    AND

    THE POLICE
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES' COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE E A WOODS

File No : PE 59154 of 2005


Catchwords:

Defence against home invasion - Use of evidence of independent witness - Accepting evidence of complainant where it differs from evidence of independent witness - Use of evidence of good character - Failure to give adequate reasons


(Page 2)



Legislation:

Criminal Code (WA), s 1, s 244, s 318


Dog Act 1976 (WA), s 6, s 7, s 12A, s 16, s 17, s 18, s 29, s 31, s 32, s 33A, s 33G

Result:

Appeal dismissed

Category: B


Representation:

Counsel:


    Appellant : Mr L B Robbins
    Respondent : Mr M G Nicol

Solicitors:

    Appellant : Hammond Worthington
    Respondent : State Director of Public Prosecutions



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

Abalos v Australian Postal Commission (1990) 171 CLR 167
Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430
Devries v Australian National Railways Commission (1993) 177 CLR 472
Fox v Percy (2003) 214 CLR 118

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Quinlan v The Police [2007] WASC 44
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[2007] WASC 44
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CaseChat Overview and Summary

The case of Quinlan v The Police involved the appellant, Quinlan, who was charged with home invasion. Quinlan appealed his conviction on the grounds that the trial judge erred in failing to adequately consider evidence presented by the complainant that differed from that of an independent witness, and in failing to consider evidence of his good character. The appeal was dismissed by the court.

The central legal issues revolved around the weight and admissibility of evidence. Specifically, the court had to consider whether the trial judge should have given more weight to the complainant's evidence, which differed from that of an independent witness, and whether the trial judge failed to adequately consider evidence of the appellant's good character. Additionally, the court had to determine whether the trial judge's failure to provide adequate reasons for his decision constituted a miscarriage of justice.

The court held that the trial judge was not obliged to give reasons for his findings of fact and that there was no miscarriage of justice in the trial judge's approach to the evidence. The court found that the trial judge had considered the complainant's evidence but had rejected it in favour of the independent witness's evidence, which was consistent with other evidence in the case. The court also found that the evidence of good character was not relevant to the issue of guilt and did not warrant consideration. The court concluded that the trial judge's approach to the evidence was not flawed and that the appeal should be dismissed.

Orders

Orders of the court

Appeal 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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