TAYLOR -v- WA POLICE [2007] WASC 158

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2007] WASC 158
Case No:	SJA:1103/2006	Heard:	19 MARCH 2006
Coram:	SIMMONDS J	Delivered:	26/07/07
No of pages:	15	Judgment Part:	1 of 1
Result:	Appeal allowed
Category:	B
PDF Version

Parties:	WILLIAM JAMES TAYLOR WA POLICE
Catchwords:	Criminal law and procedure Appeal against costs Refusal to hear counsel's submissions Whether substantial miscarriage of justice
Legislation:	Criminal Appeals Act 2004 (WA), s 14(2) Criminal Procedure Act 2004 (WA), s 59, s 67 Magistrates Court Act 1989 (Vic), s 131 Official Prosecutions (Accused's Costs) Act 1973 (WA), s 5
Case References:	Latoudis v Casey (1990) 170 CLR 534 Nevermann v The Queen (1989) 43 A Crim R 347 Norton v Morphett (1995) 83 A Crim R 90

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : TAYLOR -v- WA POLICE [2007] WASC 158 CORAM : SIMMONDS J HEARD : 19 MARCH 2006 DELIVERED : 26 JULY 2007 FILE NO/S : SJA 1103 of 2006 BETWEEN : WILLIAM JAMES TAYLOR

Appellant

AND

WA POLICE

Respondent

ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE S P SHARRATT

File No : GN 2681 of 2005

Catchwords:

Criminal law and procedure - Appeal against costs - Refusal to hear counsel's submissions - Whether substantial miscarriage of justice

(Page 2)

Legislation:

Criminal Appeals Act 2004 (WA), s 14(2)

Criminal Procedure Act 2004 (WA), s 59, s 67
Magistrates Court Act 1989 (Vic), s 131
Official Prosecutions (Accused's Costs) Act 1973 (WA), s 5

Result:

Appeal allowed

Category: B

Representation:

Counsel:

Appellant : Ms L J Giudice

Respondent : Mr A A Liveris

Solicitors:

Appellant : George Giudice Law Chambers

Respondent : State Director of Public Prosecutions

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

Latoudis v Casey (1990) 170 CLR 534
Nevermann v The Queen (1989) 43 A Crim R 347
Norton v Morphett (1995) 83 A Crim R 90

(Page 3)

SIMMONDS J

Introduction

1 This is an application for leave to appeal and for the hearing of the appeal against the decision of a Magistrate as to the quantum of costs ordered for a successful defendant in a summary prosecution.

2 The appeal raises the question of the approach to be taken by a judicial officer in determining such quantum.

3 I first describe the background to these proceedings. I then describe the proceedings, before considering the arguments of the parties. The final section of this judgment is my conclusion and orders.

The background to these proceedings

4 The applicant was charged that, on 11 March 2005, he assaulted the complainant, Natalie Kaye Boyle, and caused her bodily harm, contrary to Criminal Code, s 317(1).

5 On 22 July 2005, the applicant first appeared in the Geraldton Magistrates Court on the charge. He entered a plea not guilty and the matter was adjourned to a call over on 11 August 2005.

6 On 11 August 2005, at the callover, a hearing date was…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2007] WASC 158
Decision Date: 26 JULY 2007

CaseChat Overview and Summary

The matter before the court was an appeal by the respondent, Taylor, against a decision to award costs against them in proceedings brought by the WA Police. The dispute centred on the refusal of the trial judge to hear submissions from counsel for the respondent. Taylor contended that this refusal resulted in a substantial miscarriage of justice, warranting a review of the costs order. The court was required to determine whether the refusal to hear counsel's submissions constituted a substantial miscarriage of justice and, if so, whether this warranted the setting aside of the costs order.

The court examined the trial judge's conduct in refusing to hear counsel's submissions, noting that the trial judge had a discretion to control the proceedings. However, the court held that this discretion was not unfettered and must be exercised judicially. The refusal to hear submissions from counsel, especially when they pertained to a significant aspect of the case, could potentially result in a substantial miscarriage of justice. The court found that the trial judge's refusal in this instance did indeed lead to such a miscarriage of justice, as it deprived Taylor of a fair opportunity to present their case fully. This conclusion was based on the importance of the submissions in question and the impact of their exclusion on the outcome of the proceedings.

As a result of the court's findings, the appeal was allowed, and the order awarding costs against Taylor was set aside. The court emphasised the importance of ensuring that all parties have a fair opportunity to present their cases, and that the trial judge's discretion to control proceedings must be exercised judiciously to avoid substantial miscarriages of justice. This decision underscores the need for trial judges to carefully consider the implications of their decisions on the fairness and integrity of the proceedings.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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