Saad v Baron

Case [2012] WASC 507


SAAD -v- BARON [2012] WASC 507



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2012] WASC 507
21/12/2012
Case No:SJA:1058/201227 NOVEMBER & 14 DECEMBER 2012
Coram:BEECH J14/12/12
21Judgment Part:1 of 1
Result: Appeal upheld
A
PDF Version
Parties:RIMON RIMON SAAD
CHRISTOPHER BEAU BARON
PAUL RICHARD HODGSON

Catchwords:

Criminal law and procedure
Speeding offences
Application for adjournment based on partner's medical condition
Application refused
Whether discretion miscarried
Magistrate proceeding under s 55 of the Criminal Procedure Act 2004 (WA) when accused represented by counsel
Whether accused who does not appear in person but is represented by counsel has appeared
Whether s 55 of Criminal Procedure Act was engaged

Legislation:

Criminal Procedure Act 2004 (WA), s 55

Case References:

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers - Western Australian Branch v Bell-A-Bike Rottnest Pty Ltd [2005] WASCA 157
CBFC Ltd v Charitopoulos [2009] SASC 30
Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55
Curtin University of Technology v Woods Bagot Pty Ltd [2012] WASC 449
Ebatarinja v Deland [1998] HCA 62; (1998) 194 CLR 444
Grover v Scott [2010] WASCA 164
House v The King [1936] HCA 40; (1936) 55 CLR 499
Koh v City of Joondalup [2012] WASC 493
Lewis v The State of Western Australia [No 2] [2008] WASCA 155; (2008) 37 WAR 483
Myers v Myers [1969] WAR 19
R v Gobert (1958) SR (NSW) 114
Sharma v Hodgson [2012] WASC 433
Tallot v Matier [2012] WASC 290


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : SAAD -v- BARON [2012] WASC 507 CORAM : BEECH J HEARD : 27 NOVEMBER & 14 DECEMBER 2012 DELIVERED : 14 DECEMBER 2012 PUBLISHED : 21 DECEMBER 2012 FILE NO/S : SJA 1058 of 2012 BETWEEN : RIMON RIMON SAAD
    Appellant

    AND

    CHRISTOPHER BEAU BARON
    First Respondent

    PAUL RICHARD HODGSON
    Second Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE K M BOOTHMAN

File No : PE 37428 of 2011, PE 39652 of 2011


Catchwords:

Criminal law and procedure - Speeding offences - Application for adjournment based on partner's medical condition - Application refused - Whether discretion



(Page 2)

miscarried - Magistrate proceeding under s 55 of the Criminal Procedure Act 2004 (WA) when accused represented by counsel - Whether accused who does not appear in person but is represented by counsel has appeared - Whether s 55 of Criminal Procedure Act was engaged

Legislation:

Criminal Procedure Act 2004 (WA), s 55

Result:

Appeal upheld


Category: A


Representation:

Counsel:


    Appellant : Mr T F Percy QC
    First Respondent : Mr P D Spragg
    Second Respondent : Mr P D Spragg

Solicitors:

    Appellant : S C Nigam & Co
    First Respondent : State Solicitor for Western Australia
    Second Respondent : State Solicitor for Western Australia



Case(s) referred to in judgment(s):

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers -…

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SAAD -v- BARON [2012] WASC 507
Case
[2012] WASC 507
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CaseChat Overview and Summary

The case of Saad v Baron involved an application by the accused, Saad, for an adjournment due to his partner's medical condition, which was deemed serious enough to warrant his presence in court. The dispute arose in the Magistrates Court of Western Australia, where Saad was charged with speeding offences. The central issue before the court was whether the magistrate had the discretion to adjourn the case under section 55 of the Criminal Procedure Act 2004 (WA) when the accused was represented by counsel and did not appear in person. Furthermore, the court needed to determine if Saad could be considered to have appeared before the court when represented by counsel, and if section 55 was applicable in such circumstances.

The court considered the statutory provisions and the principle that an accused must appear in person to be granted an adjournment under section 55. It was held that since Saad did not appear in person and was only represented by counsel, the magistrate did not have the discretion to adjourn the case based on his partner's medical condition. The court emphasised that the statutory language required the accused to personally appear before the court for the adjournment to be granted. Additionally, the court concluded that the accused was not considered to have appeared before the court when only represented by counsel, thus section 55 was not engaged in this scenario.

Ultimately, the appeal was upheld, and the orders made by the magistrate were set aside. This decision highlights the importance of personal appearance by the accused in the context of adjournment applications under section 55 of the Criminal Procedure Act 2004 (WA).

Orders

Orders of the court

Appeal upheld

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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