Waite v Hennah

Case [2019] WASC 468


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   WAITE -v- HENNAH [2019] WASC 468

CORAM:   SMITH J

HEARD:   ON THE PAPERS

DELIVERED          :   20 DECEMBER 2019

FILE NO/S:   SJA 1081 of 2019

BETWEEN:   TIMOTHY JOHN WAITE

Appellant

AND

JOHN HENNAH

Respondent

ON APPEAL FROM:

Jurisdiction              :   MAGISTRATES COURT OF WESTERN AUSTRALIA

Coram:   MAGISTRATE R JOHNSTON

File Number            :   NG 162 of 2019


Catchwords:

Criminal law - Appeal against conviction and sentence - Whether magistrate erred in law and fact - Where convicted and sentenced for speeding - Where alleged that speed measuring equipment not proved to be accurate - Whether appellant was required to be provided with certificate pursuant to s 117A of the Road Traffic (Administration) Act 2008 (WA) ‑ Whether sufficient evidence to determine accuracy of speed measuring equipment

Criminal law - Procedural fairness - Whether appellant received fair hearing

Criminal law - Sentencing - Whether sentence imposed by magistrate manifestly excessive

Legislation:

Fines, Penalties and Infringement Notices Enforcement Act 1994 (WA), s 27A
Road Traffic (Administration) Act 2008 (WA), s 7(b), s 117, s 117A, s 160(1)
Road Traffic Act 1974 (WA), s 98A
Road Traffic Code 2000 (WA), reg 3(1), reg 11(3),

Result:

Leave to appeal refused
Appeal dismissed

Category:    B

Representation:

Counsel:

Appellant : No appearance
Respondent : No appearance

Solicitors:

Appellant : In person
Respondent : State Solicitor for Western Australia

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

Able Lott Holdings Pty Ltd v City of Fremantle [2012] WASC 431

Assistant Commissioner Condon v Pompano Pty Ltd [2013] HCA 7; (2013) 252 CLR 38

Bond v Hodgson [2014] WASCA 200

CD and EF v Chief Executive Officer, Department for Child Protection and Family Support [2017] WASC 126

Defendi v Szigligeti [2019] WASCA 115

Gamage v The State of Western Australia [2008] WASCA 49

Golestani v Watson [2019] WASC 387

Hands v Baker [2009] WASC 46; (2009) 52 MVR 156

Maccione v Doughty [2019] WASC 375

Obst v Morris [2008] WASC 156

Preston v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCA 107

Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1

Rowe v Stoltze [2013] WASCA 92; (2013) 45 WAR 116

Slaveski v Rotstein & Associates Pty Ltd [2012] VSCA 291

Sprlyan v Wyborn [2019] WASC 227

Stickells v The State of Western Australia [2018] WASCA 160

SMITH J:

The appeal and the result

  1. The appellant, Mr Timothy John Waite, seeks leave to appeal against conviction and sentence for one charge, that on 22 September 2018, at Bannister, he drove a vehicle in excess of the speed limit, namely, 146 km/h within a speed zone of 110 km/h, contrary to reg 11(3) of the Road Traffic Code 2000 (WA).

  2. Mr Waite was convicted of the offence following a trial on 10 June 2019, before her Honour Magistrate Johnston, at the Albany Magistrates Court.  After the conviction was entered, Mr Waite was fined $800 and ordered to pay…

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Waite v Hennah [2019] WASC 468
Case
[2019] WASC 468
Decision Date

CaseChat Overview and Summary

The case of Waite v Hennah involved an appeal against a conviction and sentence in the Magistrates Court of Western Australia. The appellant, Waite, was convicted of speeding and sought to appeal on the grounds that the magistrate erred in law and fact. The primary issue was whether the magistrate erred in accepting the evidence of the speed measuring equipment without requiring a certificate of accuracy as required by section 117A of the Road Traffic (Administration) Act 2008 (WA). The appellant argued that the lack of such a certificate rendered the evidence insufficient to prove the accuracy of the speed measuring equipment. Additionally, the appellant contended that they did not receive a fair hearing due to procedural errors and that the sentence imposed by the magistrate was manifestly excessive.

The court examined whether the magistrate erred by not requiring a certificate of accuracy for the speed measuring equipment. The court considered the statutory requirements and concluded that the absence of a certificate did not necessarily render the evidence inadmissible if there was sufficient proof of accuracy. The court found that the evidence provided was adequate to support the magistrate's finding on the accuracy of the equipment. Regarding the procedural fairness argument, the court found that the appellant's rights were not compromised and that the hearing was conducted fairly. Lastly, the court assessed the sentencing and concluded that the sentence was within the appropriate range and not manifestly excessive.

As a result of the court's findings, the appeal was dismissed. The court upheld the conviction and the sentence as imposed by the magistrate. The court found no legal or factual errors that warranted interference with the original decision. The final orders were that the appeal be dismissed and that the conviction and sentence remain as determined by the Magistrates Court.

Orders

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Background

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Evidence

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