Said v Watson

Case [2018] WASC 181


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   SAID -v- WATSON [2018] WASC 181

CORAM:   SMITH AJ

HEARD:   17 MAY 2018

DELIVERED          :   20 JUNE 2018

FILE NO/S:   SJA 1057 of 2017

BETWEEN:   MICHAEL NASSIB SAID

Appellant

AND

GEOFF WATSON

Respondent

ON APPEAL FROM:

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE R D YOUNG

MAGISTRATE M M FLYNN

File Number            :   PE 8568 of 2017


Catchwords:

Criminal law - Appeal against conviction - Contravene red pedestrian signal - Grounds rely upon challenge to findings of reliability of evidence - Appeal out of time

Whether it was appropriate for magistrate to question witnesses when the accused self-represented

Meaning of decision in s 5(1) Criminal Appeals Act 2004 (WA)

Order made by magistrate to set aside summonses prior to hearing of the prosecution charge does not constitute a decision that may be subject to an appeal

Decisions made by the magistrates to refuse to hear applications for disclosure did not constitute decisions in the matter that may be subject to an appeal

No error demonstrated in decision made by magistrate to refuse to join third parties as co‑accused to the charge against the accused - The refusal in this matter does not constitute a decision that may be subject to an appeal

Legislation:

Criminal Appeals Act 2004 (WA), s 6, s 7, s 7(1), s 7(4), s 9(1), s 9(2)
Criminal Procedure Act 2004 (WA), s 20, s 20(5), s 42(1), s 42(1)(e), s 60(5), s 60(5)(a), s 60(5)(b), s 61, s 82(a), s 82(b), s 82(c), s 82(d), s 82(e), s 163(1), s 163(3), s 163(3)(a), s 182
Road Traffic Code 2000 (WA), reg 3, reg 9, reg 197(2)

Result:

Leave to appeal out of time refused
Leave to appeal on all grounds refused
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant : In Person
Respondent : Mr L R Nicholls

Solicitors:

Appellant : In Person
Respondent : State Solicitor for Western Australia

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

Chamberlain v The Queen (No 2) (1984) 153 CLR 521

Copeland v Watson [2017] WASC 261

De Alwis v The State of Western Australia [No 2] [2015] WASCA 42

Dean v Legal Practice Board [2013] WASC 155

Fradale v Zonic [2016] WASC 114

Grey v The Queen [2001] HCA 65; (2001) 184 ALR 593

Hodder v Ball [2013] WASCA 65

JS v The State of Western Australia [2014] WASCA 177

Michael v The State of Western Australia [2007] WASCA 100

Nafranec v Nicol [2012] WASC 436

NSW Commissioner of Police v Tuxford [2002] NSWCA 139

Pah v The State of Western Australia [2015] WASCA 159

Police v Sherlock [2009] SASC 64; (2009) 103 SASR 147

R v Edwards [2009] HCA 20; (2009) 83 ALJR 717

R v Saleam (1989) 16 NSWLR 14

R v Salmat Document Management Solutions Pty Ltd [2005] WASC 232

Tey v Carpenter [2011] WASC 263

Tey v Plotz [No 2] [2011] WASC 34

The State of Western Australia v Burke [No 2] [2010]…

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Said v Watson [2018] WASC 181
Case
[2018] WASC 181
Decision Date

CaseChat Overview and Summary

The appeal concerns Said, who was charged with contravening a red pedestrian signal at a junction. The defendant argued that the conviction should be overturned due to the reliability of the evidence presented. Additionally, the defendant contended that the magistrate improperly questioned witnesses during the trial, which was problematic given that Said was representing himself. The matter was heard in the Supreme Court of Western Australia, which had to determine the legal issues regarding the timing and grounds of the appeal, the appropriateness of the magistrate's conduct, and the validity of the decisions made by the magistrate.

The court had to decide whether the grounds for the appeal were valid, considering that the appeal was filed out of time. The court also needed to assess if it was appropriate for the magistrate to question witnesses when the defendant was self-represented. Furthermore, the court examined the meaning of 'decision' under section 5(1) of the Criminal Appeals Act 2004 (WA), to determine if certain actions by the magistrate constituted a decision that could be appealed. The court needed to clarify whether the magistrate's orders to set aside summonses, refusals to hear applications for disclosure, and decisions to not join third parties as co-accused constituted appealable decisions.

The court concluded that the order made by the magistrate to set aside the summonses did not constitute a decision that could be appealed under the Act. Similarly, the decisions to refuse to hear applications for disclosure did not qualify as appealable decisions. The court also determined that there was no error in the magistrate's decision to refuse to join third parties as co-accused, and this refusal did not constitute a decision that could be appealed. The court found that the defendant had not demonstrated any error in the magistrate's questioning of witnesses, given that the questioning was considered appropriate in the context of a self-represented defendant. The court dismissed the appeal.

Orders

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Background

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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