Robinson v Hart

Bradley Wayne Robinson appeals against the decision of a Magistrate to dismiss a complaint that Burgess Murray Hart stole a Holden Commodore motor vehicle, contrary to Criminal Code 1913 (WA) ss 378 and 371A. The appeal raises questions as to the elements of the offence of that form of stealing represented by unlawfully using, taking for the purposes of using, or driving or otherwise assuming control of, a motor vehicle, without the consent of its owner, as well as the sufficiency of the evidence before the Magistrate to withstand a no case submission in a prosecution for such an offence. The appeal was allowed and the matter was remitted to the Magistrate. The court held that the learned Magistrate erred in his interpretation of s 371A in finding that it includes an element of fraudulent intent. The court also held that the learned Magistrate erred in finding no case to answer on the basis of insufficient evidence.