Szabo v Moore

Case [2018] TASSC 31


[2018] TASSC 31

COURT:  SUPREME COURT OF TASMANIA

CITATION:                Szabo v Moore [2018] TASSC 31

PARTIES:  SZABO, Christine
  v
  MOORE, Luke

FILE NO:  LCA 1771/2017
DELIVERED ON:  29 June 2018
DELIVERED AT:  Hobart
HEARING DATE/S:  23 November 2017
JUDGMENT OF:  Geason J

CATCHWORDS:

Magistrates – Appeal and review – Motion to review – Tasmania – Procedure and evidence – Matters relating to decision - Reasons for decision – Duty to state reasons – Magistrate's failure to resolve factual basis for determination – rational inference consistent with innocence open on facts.

Aust Dig Magistrates [1348]

Magistrates – Appeal and review – Motion to review – Tasmania – Procedure and evidence – Procedural errors made by magistrate – No apprehension of bias – Procedural errors did not lead to a miscarriage of justice.

Aust Dig Magistrates [1348]

REPRESENTATION:

Counsel:
             Applicant:  F Cangelosi
             Respondent:  O Hinns
Solicitors:
             Appellant:  Simmons Wolfhagen
             Respondent:  Director of Public Prosecutions

Judgment Number:  [2018] TASSC
Number of paragraphs:  65

Serial No 31/2018

File No LCA 1771/2017

CHRISTINE SZABO v LUKE MOORE

REASONS FOR JUDGMENT  GEASON J

29 June 2018

  1. The applicant was tried on a single count of stealing contrary to s 234 of the Criminal Code (the Code).  The prosecution alleged that in the course of her employment with the St Michael's Association, the applicant had removed a "communication book", which she had failed to return upon the termination of her employment. 

  2. The matter came on for hearing before Magistrate S Cure on 6 June 2017.  The applicant was unrepresented.

  3. Section 234 of the Code says that any person who steals anything is guilty of a crime. Stealing is defined in s 226 of the Code:

    "226     Interpretation 

    (1)  A person who, without the consent of the owner thereof, dishonestly —

    (a)  takes; or 

    (b)  being lawfully in the possession thereof, either as a servant of the owner or as a bailee or part owner thereof, converts to his own use or to the use of any person other than the owner —

    anything capable of being stolen, with intent permanently to deprive the owner thereof, steals such thing."

  4. The prosecution case was that the applicant, being in possession of something "capable of being stolen", converted it with intent to permanently deprive the owner of it.

  5. The book had only a nominal value. The complaint cited a value of $5. The book recorded events involving the treatment of patients at the nursing home operated by the complainant, the St Michael's Association. It was the applicant's case that she had taken the book when she went on leave, intending to put it back upon her return, and having used the information in it to raise her concerns about the matters it recorded.  She told the court that she believed she had a legal obligation to raise those matters. (In circumstances where it might be expected that the employer's purpose was to operate a nursing home that discharged its duties properly…

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Szabo v Moore [2018] TASSC 31
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[2018] TASSC 31
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CaseChat Overview and Summary

The case of Szabo v Moore involved an appeal by the defendant, Szabo, against a decision made by a Magistrate in the Magistrates’ Court of Tasmania. The original decision had been made in a matter concerning a charge against Szabo for dangerous driving, and the appeal focused on the procedural and evidential aspects of the Magistrate's decision. Specifically, Szabo contested the adequacy of the reasons provided by the Magistrate for finding him guilty, arguing that the Magistrate had failed to resolve the factual basis for the determination and had not drawn a rational inference consistent with his innocence.

The legal issues before the court centred on the duty of the Magistrate to provide adequate reasons for a decision and whether the Magistrate had erred in failing to consider a rational inference that was consistent with the defendant's innocence. The court was required to determine if the Magistrate had properly exercised their discretion in assessing the evidence and whether the decision was supported by the facts as found. A critical issue was whether the Magistrate's failure to address certain facts amounted to a procedural error that necessitated a review of the decision.

In delivering the decision, the court found that the Magistrate had indeed failed to adequately address certain factual matters that were relevant to the defendant's case. The court held that the Magistrate's reasons for the decision were insufficient as they did not properly consider a rational inference that was open on the facts, which was consistent with the defendant's innocence. The court emphasised the importance of providing comprehensive reasons that address all material facts and allow for a proper assessment of the decision's validity. Consequently, the court allowed the appeal and quashed the original decision, ordering a rehearing of the matter before a different Magistrate.

Orders

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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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