STOCKHAM -v- CLARKE [2014] WASC 157
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2014] WASC 157 | |
| Case No: | SJA:1052/2013 | 9 SEPTEMBER 2013 | |
| Coram: | LE MIERE J | 7/05/14 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | AYR RAY STOCKHAM RYAN DAVID CLARKE |
Catchwords: | Appeal Whether the conviction of a person for an offence for reckless driving while that person was under the age of 18 years is after the expiry of two years to be regarded as a previous conviction for the purposes of s 60(3)(c) of the Road Traffic Act 1974 (WA) Statutory construction Section 60(3) of the Road Traffic Act 1974 (WA) and s 189(8)(c) of the Young Offenders Act 1994 (WA) |
Legislation: | Criminal Appeals Act 2004 (WA), s 9(1), s 9(2) Road Traffic Act 1974 (WA), s 60 Young Offenders Act 1994 (WA), s 189 |
Case References: | Anderson v Edwards [2003] WASCA 59 Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1 Heydon v Webb (1987) 5 MVR 283 Pavlovic v Spooner [2014] WASCA 31 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
RYAN DAVID CLARKE
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE G A BENN
File No : MI 12426 of 2012, MI 12427 of 2012, MI 12428 of 2012, MI 12429 of 2012
Catchwords:
Appeal - Whether the conviction of a person for an offence for reckless driving while that person was under the age of 18 years is after the expiry of two years to be regarded as a previous conviction for the purposes of s 60(3)(c) of the Road Traffic Act 1974 (WA)
Statutory construction - Section 60(3) of the Road Traffic Act 1974 (WA) and s 189(8)(c) of the Young Offenders Act 1994 (WA)
Legislation:
Criminal Appeals Act 2004 (WA), s 9(1), s 9(2)
Road Traffic Act 1974 (WA), s 60
Young Offenders Act 1994 (WA), s 189
Result:
Leave to appeal granted
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : Ms N R Sinton
Respondent : Mr J F Bennett
Solicitors:
Appellant : Legal Aid (WA)
Respondent : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Anderson v Edwards [2003] WASCA 59
Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1
Heydon v Webb (1987) 5 MVR 283
Pavlovic v Spooner [2014] WASCA 31
1 LE MIERE J: This appeal turns on a question of law which is a question of statutory construction. The question is whether the conviction of a person for an offence of reckless driving while that person was under the age of 18 years is, after the expiry of two years, to be regarded…
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CaseChat Overview and Summary
The primary legal issue before the court was the interpretation of section 60(3)(c) of the Road Traffic Act 1974 (WA) in conjunction with section 189(8)(c) of the Young Offenders Act 1994 (WA). The court had to decide if a conviction for reckless driving, occurring when the offender was under 18, should be considered a "previous conviction" under section 60(3)(c) of the Road Traffic Act after the statutory two-year period had elapsed.
The court examined the statutory language and legislative intent, ultimately concluding that the conviction in question did not qualify as a "previous conviction" under the circumstances. The court held that the legislative framework did not intend to include convictions from a period when the offender was under 18 as "previous convictions" after two years. Consequently, the court dismissed the appeal, affirming the lower court's decision.
No further orders were made by the court beyond granting leave to appeal and dismissing the appeal. The decision underscores the importance of statutory interpretation in determining the applicability of previous convictions under specific legislative conditions.
Orders
Orders of the court
Leave to appeal granted
Appeal dismissed
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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