JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: STARLING -v- EDMUNDS [2012] WASC 14
CORAM: McKECHNIE J
HEARD: 27 OCTOBER 2011
DELIVERED : 13 JANUARY 2012
FILE NO/S: SJA 1016 of 2011
BETWEEN: KARL JAMES STARLING
Appellant
AND
MATTHEW EDMUNDS
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE JONES
File No :FR 4982 of 2010, FR 4983 of 2010, FR 4984 of 2010
Catchwords:
Criminal law and procedure - Courts and judges - Extraneous material taken into account
Legislation:
Nil
Result:
Appeal allowed
Convictions quashed
New trial ordered
Category: B
Representation:
Counsel:
Appellant: Ms M M In De Braekt
Respondent: Mr M Seaman
Solicitors:
Appellant: Megan In De Braekt
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Nil
McKECHNIE J:
How this matter comes for trial
On 31 March 2010 the appellant came into contact with police outside a Fremantle hotel. As a result, he was charged with assaulting Anthony David Whittaker, a public officer then performing a function of his office. When requested by Matthew Edmunds, a police officer, to supply personal details, namely, name and address, refused to do so, and obstructed Matthew Edmunds, a public officer, in the performance of the officer's function.
After a one‑day trial on 29 November 2010, the magistrate reserved his decision. On 9 December 2010, the magistrate delivered reasons convicting the appellant. The appellant seeks leave to appeal on ten grounds.
A note on procedure
The court's practice direction on outlines of submissions state:
The outline of submissions is to be in point or summary form, rather than being a complete exposition of the contentions advanced. It should not normally exceed five pages in length in the case of an interlocutory hearing, 10 pages in the case of a trial and 20 pages in the Court of Appeal (2.1 8).
The submissions prepared by Ms in de Braekt were 41 pages long and consisted of 257 numbered paragraphs. The respondent's submissions complied with the Practice Direction and numbered five pages.
The appeal was heard on 27 October 2011. It was a very short hearing. After some minor procedural matters wherein Ms in de Braekt enquired what I had read (which was everything) she said:
[The appeal] relies on 10 grounds of appeal, although depending on how your Honour views the first few grounds of appeal, some of the others, especially the first one, may fall away as a result of that. I won't repeat the submissions that are provided there but perhaps I will respond to my learned friend's remarks. Thanks you.
Mr Seaman said:
I stand on my written submissions at the moment, your Honour.
I said:
Very well. There appears to be nothing to respond to, Ms in de Braekt. I will reserve my decision.
Subsequently, my Associate was contacted by Ms in de Braekt who later sent an email:
I respectfully request leave from the court, to file, & serve a very brief, further written outline…
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- AGLC
- Starling v Edmunds [2012] WASC 14
- Case
- [2012] WASC 14 (S)
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the extraneous material influenced the trial judge's decision-making process to such an extent that it compromised the fairness of the trial. This required an analysis of the extent and nature of the extraneous material, as well as its potential impact on the judge's assessment of the evidence. The court had to balance the principle of judicial impartiality with the practical realities of judicial decision-making, considering whether the extraneous material could have contributed to an unjust outcome.
In its reasoning, the court found that the trial judge had indeed erred by considering extraneous material that was not part of the formal evidence. This error was significant because it potentially influenced the judge's assessment of the case. The court held that such a breach of procedural fairness was serious enough to warrant a new trial. Consequently, the conviction was quashed, and a retrial was ordered to ensure that the appellant received a fair hearing based solely on the evidence presented in court.
The final orders of the court included the quashing of the conviction and the direction for a retrial of the case. The court emphasised the importance of procedural integrity in criminal trials and underscored the need for judges to strictly adhere to the evidence presented during the trial. The decision serves as a reminder of the critical role that adherence to legal principles plays in maintaining the integrity of the judicial process.
Orders
Orders of the court
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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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