SALMAT DOCUMENT MANAGEMENT SOLUTIONS PTY LTD & ORS -v- THE QUEEN [2004] WASC 268

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2004] WASC 268
Case No:	MCS:57/2004	Heard:	25 NOVEMBER 2004
Coram:	SIMMONDS J	Delivered:	14/12/04
No of pages:	18	Judgment Part:	1 of 1
Result:	Application allowed, Proceedings remitted from District Court to Supreme Court
Category:	A
PDF Version

Parties:	SALMAT DOCUMENT MANAGEMENT SOLUTIONS PTY LTD MATTHEW JAMES HALL NICHOLAS JOHN ALDRIDGE PATRICK JOSEPH WARD THE QUEEN
Catchwords:	Criminal law and procedure Remission of proceedings from District Court to Supreme Court Whether the Court should exercise discretion conferred by s 76 of the District Court of Western Australia Act 1969 (WA) Corporation charged with organised fraud contrary to s 83(1) of the Proceeds of Crime Act 1987 (Cth) Senior officers of a corporation charged with being knowingly concerned in the commission of offences Whether procedural, factual and legal complexity of proceedings sufficient to justify remission Whether inherent nature of proceedings are of substantial public interest to justify remission Whether possible application for permanent stay of proceedings based on absence of evidence calls for authoritative adjudication Whether possible application for permanent stay of proceedings based on the alleged abuse of prosecutorial discretion calls for authoritative adjudication
Legislation:	Crimes Act 1914 (Cth), s 5(1), s 29D, s 86A Criminal Code 1913 (WA), s 577, s 611A, s 612, s 688 Criminal Procedure Rules 2000 (WA), r 35 District Court of Western Australia Act 1969 (WA), s 42, s 77, s 45(3), s 76, s 81(1), s 79 Justices Act 1902 (WA), s 102 Proceeds of Crime Act 1987 (Cth), s 83, s 85 Proceeds of Crime Act 2002 (Cth) Supreme Court Act 1935 (WA), s 16, s 43(1), s 58(1)(b)
Case References:	Champion v Richardson [2003] VSC 482 Commonwealth Service Delivery Agency v Bourke [1999] SASC 154 Connell v Gunning (1993) 10 WAR 402 Connell v The Queen (No 5) (1993) 10 WAR 424 Director of Public Prosecutions v Esso Australia Pty Ltd [2000] VSC 572 Duncan v Crews; Stanley v Farlow (2001) 161 FLR 250 Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 Jago v District Court of New South Wales (1989) 168 CLR 23 Lipohar v The Queen (1999) 200 CLR 485 R v Carroll (2002) 194 ALR 1 R v Disun (2003) 27 WAR 146 R v Johnson, Rae & Salt (1978) 19 SASR 157 Re Grinter; Ex parte Hall (2004) 28 WAR 427 Re His Honour Judge Hammond; Ex parte Roddan (1996) 17 WAR 50; 86 A Crim R 100 Rogers v The Queen (1994) 181 CLR 251 Walker v Midlink Nominees Pty Ltd (2000) 22 WAR 318 La Maccia v Minister for Primary Industries and Energy (1992) 110 ALR 201 Penny v The Queen, unreported; FCt SCt of WA; Library No 3129; 16 November 1989 Pinkstone v The Queen (2004) 206 ALR 84 R v Anderson (1974) 5 ALR 268 R v Young (1999) 46 NSWLR 681

JURISDICTION :

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] WASC 268
Decision Date

CaseChat Overview and Summary

The Supreme Court of Western Australia granted the application by Salmat Document Management Solutions Pty Ltd and three of its senior officers to transfer proceedings against them from the District Court to the Supreme Court. The applicants were charged with offences arising out of an alleged fraud on Australia Post, including charges of organised fraud under federal law. The applicants argued that the proceedings were of such complexity, legal significance, and public interest that they should be heard in the Supreme Court rather than the District Court. The court found that the case involved issues of significant legal complexity and potential conflict in the authorities regarding a stay of proceedings based on the destruction of evidence. The court also found that there was a possibility of an application for a stay based on the alleged abuse of prosecutorial discretion, which would raise issues of considerable importance for prosecutions arising out of national criminal investigations. The court concluded that the case was of sufficient significance to warrant the exercise of its discretion to transfer the proceedings to the Supreme Court.

Orders