Rodney West v Graham Gerard Potts

The Supreme Court of the Australian Capital Territory heard an appeal by Rodney West against Graham Gerard Potts. The dispute concerned a finding of guilt for an offence and the subsequent penalty imposed. The appeal was brought from orders made by the Chief Justice, which in turn had considered an appeal from the Magistrate.

The Court was required to determine whether the Magistrate's finding that the offence had been proven was correct, and if so, whether the penalty imposed by the Magistrate was appropriate. The Court also had to consider the appeal from the Chief Justice's decision.

The Supreme Court upheld the appeal, setting aside the orders of both the Chief Justice and the Magistrate. However, the Court confirmed the Magistrate's finding that the offence had been proven. In lieu of the penalty previously imposed, the Court exercised its power under s 402 of the *Crimes Act 1900* (ACT) to dismiss the charge against the respondent.