TREWIN -v- WESTERN [2015] WASC 358

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WASC 358
Case No:	SJA:1034/2015	Heard:	18 AUGUST 2015
Coram:	TOTTLE J	Delivered:	1/10/15
No of pages:	25	Judgment Part:	1 of 1
Result:	Leave to appeal refused
Category:	B
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Parties:	STEVEN ADRIAN TREWIN CAMERON ERIC WESTERN
Catchwords:	Appeal Application for leave to appeal Conviction of unlawful assault causing bodily harm Criminal Code (WA) s 317 Turns on own facts
Legislation:	Criminal Appeals Act 2004 (WA), s 9(2), s 9(3) Criminal Code (WA), s 1(1), s 231(1), s 248(4)(a) s 248(4)(b), s 317
Case References:	Cramer v The Queen (Unreported, WASCA, Library No 980620, 28 October 1998) Elwin v Robinson [2014] WASCA 46 Francis v Todd [2011] WASC 185 Goodwyn v The State of Western Australia [2013] WASCA 141 M v The Queen (1994) 181 CLR 487 Samuels v The State of Western Australia [2005] WASCA 193 Scatchard v The Queen (1987) 27 A Crim R 136 Shaw v Mansell [2012] WASC 451 Smejlis v Matthews [2004] WASCA 158

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : TREWIN -v- WESTERN [2015] WASC 358 CORAM : TOTTLE J HEARD : 18 AUGUST 2015 DELIVERED : 1 OCTOBER 2015 FILE NO/S : SJA 1034 of 2015 BETWEEN : STEVEN ADRIAN TREWIN

Appellant

AND

CAMERON ERIC WESTERN

Respondent

ON APPEAL FROM:

Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram : MAGISTRATE A J MAUGHAN

File No : PE 39680 of 2013

Catchwords:

Appeal - Application for leave to appeal - Conviction of unlawful assault causing bodily harm - Criminal Code (WA) s 317 - Turns on own facts

Legislation:

Criminal Appeals Act 2004 (WA), s 9(2), s 9(3)

Criminal Code (WA), s 1(1), s 231(1), s 248(4)(a) s 248(4)(b), s 317

Result:

Leave to appeal refused

Category: B

Representation:

Counsel:

Appellant : Ms K A Vernon

Respondent : Ms K C Cook

Solicitors:

Appellant : Darren Jones Barrister and Solicitor

Respondent : Director of Public Prosecutions (WA)

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

Cramer v The Queen (Unreported, WASCA, Library No 980620, 28 October 1998)
Elwin v Robinson [2014] WASCA 46
Francis v Todd [2011] WASC 185
Goodwyn v The State of Western Australia [2013] WASCA 141
M v The Queen (1994) 181 CLR 487
Samuels v The State of Western Australia [2005] WASCA 193
Scatchard v The Queen (1987) 27 A Crim R 136
Shaw v Mansell [2012] WASC 451
Smejlis v Matthews [2004] WASCA 158

TOTTLE J:

Introduction

1 The appellant has served as a police officer for 26 years. On the morning of Sunday, 25 August 2013, he was on duty at the Northbridge police station. His duties included responding to members of the public who attended the police station in person.

2 At approximately 5.00 am Ms Cassandra Swann attended the police station. She was accompanied by a friend and one other person. She came to report that she had been assaulted earlier that morning. The appellant spoke to…

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.

Continue reading Trewin v Western

Details

AGLC: Trewin v Western [2015] WASC 358
Case: [2015] WASC 358
Decision Date: 1 OCTOBER 2015

CaseChat Overview and Summary

The matter before the court was an application for leave to appeal a conviction of unlawful assault causing bodily harm. The appellant, Trewin, sought to appeal against his conviction under section 317 of the Criminal Code (WA). The respondent, Western, opposed the application for leave to appeal. The appeal was heard in the Supreme Court of Western Australia.

The primary legal issue before the court was whether the appellant's application for leave to appeal should be granted. This involved assessing whether the appeal had a reasonable chance of success, and whether the appeal was in the interests of justice. The court was also required to consider whether the appeal raised an arguable point of law of general public importance.

The court found that the appellant's application did not meet the criteria for leave to appeal. The court held that the appeal did not have a reasonable chance of success, as the evidence against the appellant was overwhelming and there were no significant errors in the trial judge's assessment of the evidence. The court also found that the appeal did not raise an arguable point of law of general public importance, as the issues raised were specific to the appellant's own case. The court concluded that the appeal was not in the interests of justice, and therefore refused the application for leave to appeal.

The final order of the court was that the application for leave to appeal was refused. The conviction and sentence of the appellant remained in place.

Orders

Orders of the court

Leave to appeal refused

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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