Supreme Court of South Australia
(Magistrates Appeals: Criminal)RYAN v DOUDLE; RYAN v CLOUGH; RYAN v WARD; RYAN v RSPCA
[2019] SASC 155
Judgment of The Honourable Justice Doyle
30 August 2019
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
CRIMINAL LAW - PROCEDURE - ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS - STAY OF PROCEEDINGS - ABUSE OF PROCESS
An appeal from a Magistrate’s dismissal of private prosecutions brought by the appellant against each of the four respondents.
Consideration of principles relevant to the stay or dismissal of proceedings on the basis that they constitute an abuse of process.
Held (per Doyle J):
1. The Magistrate was correct to conclude that the proceedings were an abuse of process.
2. The appeal is allowed, but only for the limited purpose of substituting orders that the proceedings be stayed rather than dismissed.
Animal Welfare Act 1985 (SA); Criminal Law Consolidation Act 1935 (SA) ; Magistrates Court Rules 1992 (SA) r 19; Criminal Procedure Act 1921 (SA) s 111, referred to.
Kowalski v Cole [2012] SASC 30; Gray v Police (2003) 85 SASR 1; Grassby v The Queen (1989) 168 CLR 1; Jago v District Court (NSW) (1989) 168 CLR 23; Rona v District Court (SA) (1995) 63 SASR 223; Kowalski v Bourne [2012] SASC 6, considered.
RYAN v DOUDLE; RYAN v CLOUGH; RYAN v WARD; RYAN v RSPCA
[2019] SASC 155Magistrates Appeal: Criminal
1 DOYLE J: This is an appeal from a Magistrate’s dismissal of private prosecutions brought by the appellant against each of the four respondents. The Magistrate’s reason for dismissing the proceedings was essentially that they were defective and deficient to an extent that rendered them an abuse of process.
2 For the reasons which follow, I agree with his Honour’s reasons and conclusion, save that in my view the appropriate order was that the proceedings be stayed rather than dismissed. I intend to allow the appeal, but only for the limited purpose of varying the orders made in the way indicated.
The background
3 In April 2017, the Royal Society for the Prevention of Cruelty to Animals (SA) Inc (the RSPCA) received a complaint about the condition of animals at the property of the appellant (Ms Ryan).
4 On 28 April 2017, a Magistrate issued a warrant authorising inspector Cheryl Doudle and her delegates to use, if necessary, reasonable force to enter Ms Ryan’s property and exercise powers conferred by the Animal Welfare Act 1985 (SA) (the AWA).
5 On 3 May 2017, the warrant was executed on Ms Ryan’s property. The search revealed suspected breaches of the AWA. A number of animals were seized during the search and one animal was euthanised.
6 On 13 September 2017, Ms Ryan filed a civil claim in detinue in the Magistrates Court naming the RSPCA as the defendant and seeking, inter alia, $97,000 by way of damages.
7 On 29 September 2017, the RSPCA filed an Information…
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- Case
- [2019] SASC 155
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved determining whether the Magistrate's decision to dismiss the proceedings as an abuse of process was correct and, if so, whether the appropriate remedy was a dismissal or a stay of the proceedings. The court had to consider whether the private prosecutions brought by Ms Ryan were legitimate and whether they were being pursued for ulterior or improper purposes, or if they were frivolous, vexatious, or oppressive. The court also needed to assess if Ms Ryan's inability to competently prosecute the proceedings due to the defects in the Informations warranted a dismissal or a stay.
The court concluded that the Magistrate was correct in finding that the proceedings were an abuse of process. The court identified that Ms Ryan's private prosecutions were not only lacking in merit but also appeared to be motivated by personal animosity and a lack of understanding of the law. The oppressive nature of the proceedings, combined with the lack of any real prospect of success, justified the conclusion of abuse of process. While there may be a power to dismiss proceedings that are an abuse of process, the court determined that the appropriate remedy in these circumstances was a stay of the proceedings. This was due to Ms Ryan's inability to address the defects in the Informations and to competently prosecute the matter.
Accordingly, the appeal was allowed for the limited purpose of substituting orders that the proceedings be stayed rather than dismissed. The court recognised that staying the proceedings was the appropriate order to uphold the due administration of justice and maintain public confidence in the criminal justice system.
Orders
Orders of the court
1. The Magistrate was correct to conclude that the proceedings were an abuse of process.
2. The appeal is allowed, but only for the limited purpose of substituting orders that the proceedings be stayed rather than dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
27 The grounds of appeal are difficult to understand, and Ms Ryan’s submissions on appeal did little to assist. However, it is plain that Ms Ryan wishes to contest the orders made, and contends that she ought to have been permitted to continue to pursue her private prosecutions of the respondents, or at least have had further opportunity to rectify the defects and deficiencies relied upon by the Magistrate in dismissing the proceedings. I have thus approached the appeal on the basis that Ms Ryan contends that there was no proper basis for the Magistrate to conclude that the proceedings involved an abuse of process, or that the proceedings should otherwise be dismissed.Consideration 28 The Magistrate did not identify in his reasons the source of the power to dismiss that he was exercising. 29 Counsel for the respondents relied in part upon the provision in s 181(2)(b) of the CPA that, in the case of an Information that is defective in substance or in form, a court may “dismiss an information if the defect cannot appropriately be cured by amendment.” By way of illustration of the exercise of this power, a Magistrate’s invocation of this power to dismiss an Information was upheld in Kowalski v Cole in circumstances where the Information included charges that were duplicitous and alleged offences not known to the law at the time of the relevant conduct. 30 Counsel for the respondents also relied upon the Magistrates Court’s inherent or implied power to prevent an abuse of its processes. Counsel relied upon Gray v Police as both confirming the existence of this power, and illustrating its breadth. In that case, in confirming that the Magistrates Court had power to stay criminal proceedings, permanently if necessary, in order to prevent an abuse of its processes, Gray J relied upon authorities including Grassby v The Queen, Jago v District Court (NSW) and Rona v District Court (SA). As those authorities explain, abuse in this context includes proceedings issued or pursued for some ulterior or improper purpose, proceedings which are frivolous, vexatious or oppressive, and proceedings which will otherwise result in an unfair trial. The rationale for the power to stay in these circumstances lies in the public interest in the due administration of justice, and the maintenance of public confidence in the same. It is recognised that these objectives will be undermined if the processes of the criminal law are permitted to be used in a manner that is productive of oppression or injustice. 31 In Kowlaski v Bourne, Kourakis J (as his Honour then was) held that a private prosecution brought in the Magistrates Court was an abuse of process. In addition to the lack of merit in the proceedings, and the apparent personal animosity motivating the informant, his Honour emphasised the oppressive nature of the proceedings given the informant’s lack of understanding of the law and consequential difficulty in competently prosecuting the matter to a fair trial. As his Honour explained:Mr Kowalski is a lay litigant with a very limited understanding of the law. It appears from the way in which the information has been drawn and from the accompanying material, that if the information were to proceed it would take a tortuous path with much of the Magistrates Court’s time and resources occupied and devoted to matters which were simply irrelevant. That too, coupled with the lack of any real prospect of success is reason to stay the information.