Stephenson v Treser

Case [2014] WASC 181


STEPHENSON -v- TRESER [2014] WASC 181



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2014] WASC 181
Case No:SJA:1062/201111 NOVEMBER 2013
Coram:LE MIERE J28/05/14
18Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal allowed
Conviction set aside
Verdict of acquittal substituted
B
PDF Version
Parties:TIMOTHY RICHARD STEPHENSON
ALFREDO JAVIER TRESER

Catchwords:

Appeal
Conviction for obtaining financial advantage by deception
Criminal Code (Cth) s 134.2(1)
Whether magistrate's finding that element of 'recklessness' was proved beyond reasonable doubt amounted to miscarriage of justice in light of appellant's conduct

Legislation:

Criminal Appeals Act 2004 (WA), s 30(3)(a)
Criminal Code (Cth), s 5.4(1), s 133.1, s 134.2

Case References:

Ascic v Bedworth [2013] WASCA 174
Hunt v Callaghan [2011] WASC 10
M v The Queen (1994) 181 CLR 487
MFA v The Queen (2002) 213 CLR 606
Ska v The Queen (2011) 243 CLR 400
Thakrar v Hull [2013] WASC 447
The State of Western Australia v Rayney [2013] WASCA 219
Weiss v The Queen (2005) 224 CLR 300


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : STEPHENSON -v- TRESER [2014] WASC 181 CORAM : LE MIERE J HEARD : 11 NOVEMBER 2013 DELIVERED : 28 MAY 2014 FILE NO/S : SJA 1062 of 2011 BETWEEN : TIMOTHY RICHARD STEPHENSON
    Appellant

    AND

    ALFREDO JAVIER TRESER
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE G D LAWRENCE

File No : PE 45260 of 2009


Catchwords:

Appeal - Conviction for obtaining financial advantage by deception - Criminal Code (Cth) s 134.2(1) - Whether magistrate's finding that element of 'recklessness' was proved beyond reasonable doubt amounted to miscarriage of justice in light of appellant's conduct

Legislation:

Criminal Appeals Act 2004 (WA), s 30(3)(a)


Criminal Code (Cth), s 5.4(1), s 133.1, s 134.2

Result:

Leave to appeal granted


Appeal allowed
Conviction set aside
Verdict of acquittal substituted

Category: B


Representation:

Counsel:


    Appellant : Mr D Grace QC
    Respondent : Ms R V C Fogliani

Solicitors:

    Appellant : Eastwood Sweeney Law
    Respondent : Director of Public Prosecutions (Cth)



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

Ascic v Bedworth [2013] WASCA 174
Hunt v Callaghan [2011] WASC 10
M v The Queen (1994) 181 CLR 487
MFA v The Queen (2002) 213 CLR 606
Ska v The Queen (2011) 243 CLR 400
Thakrar v Hull [2013] WASC 447
The State of Western Australia v Rayney [2013] WASCA 219
Weiss v The Queen (2005) 224 CLR 300



1 LE MIERE J: The appellant was convicted, after a trial before a magistrate, that he, on or about 11 July 2002, by deception, dishonestly obtained a financial advantage from another person, the Australian Taxation Office, a Commonwealth entity, contrary to s 134.2(1) of the Criminal Code (Cth). The appellant seeks leave to appeal against his conviction. This court ordered that the application for leave to appeal be heard at the same time as the appeal. The respondent does not contest the…

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Stephenson v Treser [2014] WASC 181
Case
[2014] WASC 181
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Stephenson appealed against his conviction for obtaining a financial advantage by deception, contrary to section 134.2(1) of the Criminal Code (Cth). The case arose from an incident where Stephenson was alleged to have obtained a financial advantage by deceiving a financial institution. The primary judge in the Magistrates Court found Stephenson guilty, concluding that the element of recklessness was established beyond reasonable doubt. Stephenson argued that the magistrate's conclusion was a miscarriage of justice, particularly in light of his conduct which he claimed did not amount to recklessness.

The legal issues before the court were whether the magistrate's finding that the element of recklessness was proved beyond reasonable doubt constituted a miscarriage of justice. The court examined whether the evidence supported the magistrate's conclusion and if the error was such that it affected the fairness of the trial. The court had to determine whether the error was a mere irregularity or a fundamental one that impacted the outcome of the trial.

The court found that the magistrate had erred in concluding that the element of recklessness was established beyond reasonable doubt. The court considered the evidence and Stephenson's conduct and concluded that the error amounted to a miscarriage of justice. The court held that the error was fundamental and affected the fairness of the trial, leading to the conclusion that the conviction should be set aside. Consequently, the court allowed the appeal, set aside the conviction, and substituted a verdict of acquittal.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed

Conviction set aside

Verdict of acquittal substituted

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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