STARLING -v- EDMUNDS [2012] WASC 14
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2012] WASC 14 | |
| Case No: | SJA:1016/2011 | 27 OCTOBER 2011 | |
| Coram: | McKECHNIE J | 13/01/12 | |
| 6 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Convictions quashed New trial ordered | ||
| B | |||
| PDF Version |
| Parties: | KARL JAMES STARLING MATTHEW EDMUNDS |
Catchwords: | Criminal law and procedure Courts and judges Extraneous material taken into account |
Legislation: | Nil |
Case References: | Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- 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
(Page 2)
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
(Page 3)
- McKECHNIE J:
How this matter comes for trial
1 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.
2 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
3 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).
4 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.
5 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…
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- Starling v Edmunds [2012] WASC 14
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- [2012] WASC 14
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CaseChat Overview and Summary
The key legal issue before the Court of Appeal was whether the trial judge's consideration of extraneous material amounted to a miscarriage of justice. The court considered whether the extraneous material influenced the trial judge's decision and, if so, whether it was so significant that it affected the fairness of the trial. The court also examined whether the error was capable of being described as harmless.
The Court of Appeal found that the trial judge had indeed taken into account extraneous material, which was not part of the admissible evidence. This material had the potential to influence the judge's decision. The court concluded that the error was not harmless because it was not possible to say with any degree of confidence that the extraneous material did not affect the outcome of the trial. Consequently, the court quashed the convictions and ordered a new trial. The appeal was allowed, and the convictions were quashed. A new trial was ordered.
Orders
Orders of the court
Appeal allowed
Convictions quashed
New trial ordered
Background
Background to the litigation
Full text does not contain this section.
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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