TREWIN -v- WESTERN [2015] WASC 358
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 358 | |
| Case No: | SJA:1034/2015 | 18 AUGUST 2015 | |
| Coram: | TOTTLE J | 1/10/15 | |
| 25 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal refused | ||
| B | |||
| PDF Version |
| 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
- 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…
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CaseChat Overview and Summary
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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