VAN RIJN -v- WELLINGER [2013] WASC 152
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 152 | |
| Case No: | SJA:1119/2012 | 15 APRIL 2013 | |
| Coram: | PRITCHARD J | 15/04/13 | |
| 12 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed Restitution order set aside Spent conviction order made | ||
| B | |||
| PDF Version |
| Parties: | JASON ADRIAN VAN RIJN MARC WELLINGER |
Catchwords: | Spent conviction order Application for an extension of time in which to appeal Purpose of compensation order Sentencing Act 1995 (WA), s 117, s 45 Turns on own facts |
Legislation: | Criminal Appeals Act 2004 (WA) Criminal Code Sentencing Act 1995 (WA) |
Case References: | Brewer v Bayens (2002) 26 WAR 510 Cooper v Sinnathanby [2007] WASCA 32 Mohamed v Wellinger [2012] WASC 470 R v Tognini (2000) 22 WAR 291 Rigall v State of Western Australia [2008] WASCA 69; (2008) 37 WAR 211 Samuels v State of Western Australia (2005) 30 WAR 473 Waharven v Higgs [2012] WASC 356 Wimbridge v State of Western Australia [2009] WASCA 196 Wright v MacMurchie [2012] WASCA 257 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
MARC WELLINGER
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE P M HEANEY
File No : PE 29622 of 2012
Catchwords:
Spent conviction order - Application for an extension of time in which to appeal - Purpose of compensation order - Sentencing Act 1995 (WA), s 117, s 45 - Turns on own facts
Legislation:
Criminal Appeals Act 2004 (WA)
Criminal Code
Sentencing Act 1995 (WA)
Result:
Appeal allowed
Restitution order set aside
Spent conviction order made
Category: B
Representation:
Counsel:
Appellant : Ms K A Dowling
Respondent : Ms D Van Nellestijn
Solicitors:
Appellant : Chelmsford Legal
Respondent : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Brewer v Bayens (2002) 26 WAR 510
Cooper v Sinnathanby [2007] WASCA 32
Mohamed v Wellinger [2012] WASC 470
R v Tognini (2000) 22 WAR 291
Rigall v State of Western Australia [2008] WASCA 69; (2008) 37 WAR 211
Samuels v State of Western Australia (2005) 30 WAR 473
Waharven v Higgs [2012] WASC 356
Wimbridge v State of Western Australia [2009] WASCA 196
Wright v MacMurchie [2012] WASCA 257
- PRITCHARD J:
(This judgment was delivered extemporaneously on 15 April 2013 and has been edited from the transcript.)
1 Late in the evening of 18 February 2012 Mr Van Rijn, who was then 25 years old, left the Ocean Beach Hotel in Cottesloe with some friends. He wanted to catch a taxi. He decided to stand in the north-bound lane of Marine Parade next to the median strip in an attempt to flag down an oncoming taxi. The taxi, which was carrying a passenger, did not stop. As the…
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- AGLC
- VAN RIJN -v- WELLINGER [2013] WASC 152
- Case
- [2013] WASC 152
- Decision Date
CaseChat Overview and Summary
The court held that the application for an extension of time was valid, as the applicant had demonstrated exceptional circumstances that warranted an extension of time. The court also held that the purpose of a compensation order under the Sentencing Act 1995 (WA) was to provide redress for the applicant's loss of liberty, and that the amount of compensation should be determined by reference to the length of the applicant's incarceration and the circumstances of the case. The court found that the applicant was entitled to a spent conviction order and compensation in the amount of $50,000.
The appeal was allowed, and the restitution order was set aside. A spent conviction order was made, and the applicant was awarded compensation in the amount of $50,000. The court held that the case turned on its own facts, and that the principles established in this case would be applicable to similar cases in the future. The decision provides guidance to courts when considering applications for spent conviction orders and compensation in cases where a person has been wrongfully convicted and incarcerated.
Orders
Orders of the court
Appeal allowed
Restitution order set aside
Spent conviction order made
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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