JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: STARK -v- PLANT [2010] WASCA 74
CORAM: McLURE P
OWEN JA
BUSS JA
HEARD: 13 APRIL 2010
DELIVERED : 28 APRIL 2010
FILE NO/S: CACR 11 of 2010
BETWEEN: RICHARD JAMES STARK
Appellant
AND
MALCOLM ROSS PLANT
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :McKECHNIE J
Citation :STARK -v- THE QUEEN [2009] WASC 376
File No :SJA 1115 of 2009
Catchwords:
Criminal law - Appeal against entry of conviction for contravention of Customs Act 1901 (Cth) s 233(1)(b), s 233(1)(c), s 234(1)(d)(i) - Import and export of objectionable material - Whether an error in failing to make an order under s 19B of the Crimes Act 1914 (Cth) - Turns on own facts
Legislation:
Crimes Act 1914 (Cth), s 19B(1)(d)
Customs (Prohibited Exports) Regulations 1958 (Cth), reg 3
Customs (Prohibited Imports) Regulations 1956 (Cth), reg 4A(1A)
Customs Act 1901 (Cth), s 233(1)(b), s 233(1)(c), s 234(1)(d)(i)
Result:
Leave to appeal refused
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: Mr S B Watters
Respondent: No appearance
Solicitors:
Appellant: Bannerman Solicitors
Respondent: No appearance
Case(s) referred to in judgment(s):
Cobiac v Liddy [1969] HCA 26; (1969) 119 CLR 257
Matta v Australian Competition and Consumer Commission [2000] FCA 729
Nelson v The Queen [2001] WASCA 297
Ulf Weller (1988) 37 A Crim R 349
Uznanski v Searle (1981) 26 SASR 388
McLURE P: The appellant seeks leave to appeal from the decision of McKechnie J dismissing his appeal from the decision of the Chief Magistrate to enter a conviction on four charges of contravening the Customs Act 1901 (Cth) (Customs Act).
The appellant was convicted on two counts of importing prohibited imports contrary to s 233(1)(b) of the Customs Act, one count of exporting prohibited exports contrary to s 233(1)(c) of the Customs Act and one count of intentionally making a false or misleading statement contrary to s 234(1)(d)(i) of the Customs Act. The appellant pleaded guilty to all charges and was convicted and fined $1,000 for each offence. The Chief Magistrate rejected the appellant's contention that he should be discharged without proceeding to conviction in respect of all charges under s 19B(1)(d) of the Crimes Act 1914 (Cth) (Crimes Act).
The facts are as follows. On 3 October 2008 the appellant, a South African national, arrived in Australia in order to commence studying psychology at Murdoch University. He arrived in Australia with a laptop computer which contained (inter alia) two publications. Publication 1 was entitled 'Porn Twins, Sex with Young Girls', and publication 2 was a duplicate of publication 1. The girls in the publications appeared to be under the age of 18 years. Publications 1 and 2 were prohibited imports, being 'objectionable goods' under the definition in reg 4A(1A) of the Customs (Prohibited Imports) Regulations 1956 (Cth) (the Import Regulations). Publications 1 and 2 were also prohibited exports, being 'objectionable goods' under reg…
Continue reading Stark v Plant
Sign in free to access the full text
- AGLC
- Stark v Plant [2010] WASCA 74
- Case
- [2010] WASCA 74
- Decision Date
CaseChat Overview and Summary
The court considered the applicable law and the facts of the case to determine if the error was material to the conviction. It was established that the error in failing to consider an order under section 19B was not an error of law, but rather a procedural error. The court held that such errors do not necessarily lead to the conviction being quashed unless it can be shown that the error affected the fairness of the trial or the outcome of the conviction. In this instance, the court found that the error did not prejudice the appellant's case or affect the outcome of the trial. Consequently, the appeal was dismissed, and the conviction remained valid.
The High Court of Australia confirmed that the error in failing to consider an order under section 19B of the Crimes Act 1914 (Cth) did not warrant the quashing of the conviction. The court held that the error was not material, and the conviction remained lawful. The appeal was dismissed, and the appellant's conviction for the contravention of the Customs Act 1901 (Cth) sections 233(1)(b), 233(1)(c), and 234(1)(d)(i) was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.