Thakrar v Hull

Case [2013] WASC 447


THAKRAR -v- HULL [2013] WASC 447



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2013] WASC 447
Case No:SJA:1042/201316 AUGUST & 23 SEPTEMBER 2013
Coram:CORBOY J16/12/13
23Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal dismissed
B
PDF Version
Parties:ARVIND KUMAR JAGJIVAN THAKRAR
ANDREA KAREN HULL

Catchwords:

Criminal law
Whether magistrate erred in fact in finding appellant guilty of fraudulently causing a detriment
Turns on its own facts

Legislation:

Criminal Appeals Act 2004 (WA), s 8(1), s 39(2)
Criminal Code (WA), s 409(1)

Case References:

Bolitho v The State of Western Australia [2007] WASCA 102; (2007) 34 WAR 215
Brown v Deveroux [2008] WASC 299; (2008) 192 A Crim R 190
Gipp v The Queen [1998] HCA 21; (1998) 194 CLR 106
Graham-Helwig v The State of Western Australia [2005] WASCA 127; (2005) 30 WAR 221
Hunt v Callaghan [2011] WASC 10
Liberato v The Queen [1985] HCA 66; (1985) 159 CLR 507
M v The Queen [1994] HCA 63; (1994) 181 CLR 487
Re London and Globe Finance Corporation Ltd [1903] 1 Ch 728
The State of Western Australia v Rayney [2013] WASCA 219


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CRIMINAL
CITATION : THAKRAR -v- HULL [2013] WASC 447 CORAM : CORBOY J HEARD : 16 AUGUST & 23 SEPTEMBER 2013 DELIVERED : 16 DECEMBER 2013 FILE NO/S : SJA 1042 of 2013 BETWEEN : ARVIND KUMAR JAGJIVAN THAKRAR
    Appellant

    AND

    ANDREA KAREN HULL
    Respondent


ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE S R MALLEY

File No : PE 32733 of 2012


Catchwords:

Criminal law - Whether magistrate erred in fact in finding appellant guilty of fraudulently causing a detriment - Turns on its own facts

Legislation:

Criminal Appeals Act 2004 (WA), s 8(1), s 39(2)


Criminal Code (WA), s 409(1)

Result:

Leave to appeal granted


Appeal dismissed

Category: B


Representation:

Counsel:


    Appellant : In person
    Respondent : Ms S Markham

Solicitors:

    Appellant : In person
    Respondent : Director of Public Prosecutions (WA)



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

Bolitho v The State of Western Australia [2007] WASCA 102; (2007) 34 WAR 215
Brown v Deveroux [2008] WASC 299; (2008) 192 A Crim R 190
Gipp v The Queen [1998] HCA 21; (1998) 194 CLR 106
Graham-Helwig v The State of Western Australia [2005] WASCA 127; (2005) 30 WAR 221
Hunt v Callaghan [2011] WASC 10
Liberato v The Queen [1985] HCA 66; (1985) 159 CLR 507
M v The Queen [1994] HCA 63; (1994) 181 CLR 487
Re London and Globe Finance Corporation Ltd [1903] 1 Ch 728
The State of Western Australia v Rayney [2013] WASCA 219


    CORBOY J:




The appeal and the result

1 The appellant was charged that between 1 March 2010 and 8 April 2010 at Perth, with intent to defraud by deceit, he caused a detriment, namely $10,000, to…

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THAKRAR -v- HULL [2013] WASC 447
Case
[2013] WASC 447
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CaseChat Overview and Summary

In the matter of Thakrar v Hull, the appellant, Thakrar, was convicted by a magistrate for fraudulently causing a detriment to the respondent, Hull. The appellant challenged the conviction, arguing that the magistrate had erred in fact by wrongly finding him guilty. The case was brought before the court for an appeal, with Thakrar seeking to overturn his conviction.

The court was required to decide whether the magistrate had indeed erred in fact when finding the appellant guilty. This involved an examination of the evidence presented during the trial and whether the magistrate had correctly applied the law in reaching the conclusion. The primary issue was whether the magistrate's findings were open to the court on the evidence presented, and if the decision was one that a reasonably properly directed mind could make.

The court found that the magistrate had not erred in fact and that the findings were open to the court on the evidence presented. The court held that the magistrate had correctly applied the law in reaching the conclusion and that the decision was one that a reasonably properly directed mind could make. As a result, the appeal was dismissed, and the conviction upheld. The court granted leave to appeal, but ultimately dismissed the appeal on the basis that the magistrate's findings were not in error.

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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