R -v- HUTCHINSON [2003] WASCA 323
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 323 | |
| COURT OF CRIMINAL APPEAL | |||
| Case No: | CCA:29/2003 | 12 NOVEMBER 2003 | |
| Coram: | MALCOLM CJ STEYTLER J MCKECHNIE J | 18/12/03 | |
| 14 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed New trial ordered | ||
| A | |||
| PDF Version |
| Parties: | THE QUEEN SUSANNE DOROTHY HUTCHINSON |
Catchwords: | Appeal and new trial Verdict of acquittal by direction Prosecution right of appeal Whether error of law Whether new trial ordered Criminal law and procedure Elements of offence Whether knowledge of age an element of offence under Prostitution Act 2000 Burden and standard of proof Whether common law applies Whether mistaken belief in fact Effect of statutory presumption |
Legislation: | Criminal Code (WA) Prostitution Act 2000 (WA) |
Case References: | R v Mullen (1938) 59 CLR 124 R v Turner (2001) 25 WAR 258. , R v Udechuku [1982] WAR 21 Van den Hoek v The Queen (1986) 161 CLR 158 Widgee Shire Council v Bonney (1907) 4 CLR 977 Woolmington v The DPP [1935] AC 462 Geraldton Fishermen's Co-op Ltd v Munro [1963] WAR 129 He Kaw Teh v The Queen (1985) 157 CLR 523 Munckton v Webb [1986] WAR 183 Parker v The Queen (1997) 186 CLR 494 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- HUTCHINSON [2003] WASCA 323 CORAM : MALCOLM CJ
- STEYTLER J
MCKECHNIE J
- Appellant
AND
SUSANNE DOROTHY HUTCHINSON
Respondent
Catchwords:
Appeal and new trial - Verdict of acquittal by direction - Prosecution right of appeal - Whether error of law - Whether new trial ordered - Criminal law and procedure - Elements of offence - Whether knowledge of age an element of offence under Prostitution Act 2000 - Burden and standard of proof - Whether common law applies - Whether mistaken belief in fact - Effect of statutory presumption
Legislation:
Criminal Code (WA)
Prostitution Act 2000 (WA)
(Page 2)
Result:
Appeal allowed
New trial ordered
Category: A
Representation:
Counsel:
Appellant : Mr K M Tavener & Mr L M Fox
Respondent : Mr T F Percy QC & Mr N J Mullany
Solicitors:
Appellant : State Director of Public Prosecutions
Respondent : Dwyer Durack
Case(s) referred to in judgment(s):
R v Mullen (1938) 59 CLR 124
R v Turner (2001) 25 WAR 258
R v Udechuku [1982] WAR 21
Van den Hoek v The Queen (1986) 161 CLR 158
Widgee Shire Council v Bonney (1907) 4 CLR 977
Woolmington v The DPP [1935] AC 462
Case(s) also cited:
Geraldton Fishermen's Co-op Ltd v Munro [1963] WAR 129
He Kaw Teh v The Queen (1985) 157 CLR 523
Munckton v Webb [1986] WAR 183
Parker v The Queen (1997) 186 CLR 494
(Page 3)
1 MALCOLM CJ: In my opinion, this appeal should be allowed, the judgment of…
Continue reading R v Hutchinson
Sign in free to access the full text
- AGLC
- R v Hutchinson [2003] WASCA 323
- Case
- [2003] WASCA 323
- Decision Date
CaseChat Overview and Summary
The court considered whether knowledge of the age of the person involved was an element of the offence under the Prostitution Act 2000. It examined the burden and standard of proof, and whether the common law applied to mistaken beliefs in fact. The court also looked into the effect of the statutory presumption within the Act and whether it affected the trial judge's direction to the jury.
The court found that there was indeed an error of law in the trial judge's direction. The statutory presumption under the Prostitution Act 2000 did not shift the burden of proof to the defendant to disprove the age of the person involved. Instead, it required the prosecution to prove beyond reasonable doubt that the defendant knew, or was reckless as to whether, the person was under 18 years of age. The court concluded that the error of law was significant enough to warrant a new trial.
Accordingly, the appeal was allowed, and a new trial was ordered. The court's decision underscored the importance of correctly applying statutory provisions and understanding the burden and standard of proof in criminal cases. The legal principles established in this case are crucial for future proceedings involving similar offences under the Prostitution Act 2000.
Orders
Orders of the court
Appeal allowed
New trial ordered
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.