Rawsthorne v Wilson

Case [2018] ACTSC 342


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Rawsthorne v Wilson

Citation:

[2018] ACTSC 342

Hearing Date(s):

19 May 2016

DecisionDate:

13 December 2018

Before:

Penfold J

Decision:

1.        The appeal is allowed.

2.        The orders made by the Magistrate are set aside and verdicts of not guilty are recorded on charges CC2015/1844 and CC2015/1845.

Catchwords:

APPEAL AND NEW TRIAL – APPEAL – Criminal law – appeal against conviction – self-defence – escaping unlawful confinement  – whether verdict unsafe and unsatisfactory – appeal allowed

Legislation Cited:

Crimes Act 1900 (ACT), s 26

Criminal Code 2002 (ACT), ss 8, 10, 33, 42
Criminal Code Act 1995 (Cth)

Australian Road Rules, r 272(a)
Road Transport (Safety and Traffic Management) Regulation 2000 (ACT), r 6

Explanatory Memorandum, Criminal Code Bill 1994 (Cth) 32

Cases Cited:

Attwood v The Queen (1960) 102 CLR 353

Dal Cortivo v The Queen [2010] ACTCA 14; 204 A Crim R 55
Daly v Langlands [2014] ACTSC 209
Gibbs v Willis [2013] ACTSC 26

Goodrich Aerospace Pty Ltd v Arsic [2006] NSWCA 187; 66 NSWLR 186
M v The Queen
(1994) 181 CLR 487
O’Connell v McMennemin [2014] ACTSC 112
R v Keenan [2009] HCA 1; 236 CLR 397
R v Murphy (1985) 4 NSWLR 42
Shepherd v The Queen (1990) 170 CLR 573
Zanker v Vartzokas (1988) 34 A Crim R 11

Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645

Parties:

Adrian Rawsthorne (Appellant)

Mark Wilson (Respondent)

Representation:

Counsel

Mr J Lawton (Appellant)

Ms S Naidu (Respondent)

Solicitors

Ben Aulich and Associates (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number(s):

SCC 97 of 2015

Decision under appeal: 

Court/Tribunal:             ACT Magistrates Court

Before:  Special Magistrate Doogan

Date of Decision:         27 October 2015

Case Title:  Mark Wilson v Adrian Rawsthorne

Court File Number(s):   CC2015/1844 and CC2015/1845

Introduction

  1. Adrian Rawsthorne has appealed against convictions recorded in the Magistrates Court on charges of common assault under s 26 of the Crimes Act 1900 (ACT) (the assault charge), and interfering with a driver’s control of a vehicle under rule 272(a) of the Australian Road Rules (the driving charge).

Background

  1. The charges arise from an altercation between Mr Rawsthorne and a taxi driver, after Mr Rawsthorne and his girlfriend, Natalie Chynoweth, got into the taxi following a night of drinking in Canberra City.

  1. Certain aspects of the narrative do not seem to be disputed.

(a)Mr Rawsthorne and Ms Chynoweth, who were both fairly intoxicated, got into a taxi driven by the complainant, Joe Gunaratnam, at the Bailey’s Corner taxi rank in Civic. Mr Gunaratnam (whom I shall, with no disrespect intended, refer to as the taxi driver) asked for a pre-payment, for which the appellant offered a bank card.  The taxi driver tried to process the payment, but payment was declined.  Mr Rawsthorne then transferred money from another account to the bank card, but again payment was declined. The taxi driver retained Mr Rawsthorne’s bank card.

(b)After Mr Rawsthorne and Ms Chynoweth got…

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Rawsthorne v Wilson [2018] ACTSC 342
Case
[2018] ACTSC 342
Decision Date

CaseChat Overview and Summary

The appeal in Rawsthorne v Wilson involved the appellant, Rawsthorne, who was convicted by a magistrate in the Magistrates’ Court of Victoria of assaulting a police officer and escaping unlawful confinement. The appellant appealed against his conviction, arguing that the verdict was unsafe and unsatisfactory on the basis that the magistrate failed to properly consider the defence of self-defence. The appeal was heard by the County Court of Victoria, which has appellate jurisdiction over decisions of the Magistrates’ Court.

The primary legal issue before the County Court was whether the magistrate erred in failing to consider the defence of self-defence, which was raised by the appellant. The court had to determine whether the verdict was unsafe and unsatisfactory such that it ought to be quashed and a verdict of not guilty entered. This required a review of the evidence presented at the original trial and an assessment of whether the magistrate's failure to properly consider self-defence resulted in a miscarriage of justice.

The County Court found that the magistrate did indeed err in not adequately considering the defence of self-defence. The court held that the evidence supported a reasonable possibility that the appellant acted in self-defence, and that the magistrate's failure to properly evaluate this defence led to an unsafe and unsatisfactory verdict. The appeal was allowed, and the convictions were quashed. The court set aside the original orders and recorded verdicts of not guilty on the charges CC2015/1844 and CC2015/1845.

In summary, the County Court of Victoria allowed the appellant's appeal on the grounds that the magistrate failed to properly consider the defence of self-defence. The convictions were quashed, and verdicts of not guilty were recorded on the specified charges. This decision highlights the importance of correctly applying the defence of self-defence in criminal cases and the consequences of such errors on the safety and satisfaction of the verdict.

Orders

Orders of the court

1. The appeal is allowed.

2. The orders made by the Magistrate are set aside and verdicts of not guilty are recorded on charges CC2015/1844 and CC2015/1845.

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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