Criminal law - Appeal against conviction - Appellant convicted after trial in the Magistrates Court of having, in the course of his work as a teacher, formed the belief on reasonable grounds that a child had been the subject of sexual abuse, and having failed to report that belief as soon as practicable after forming the belief - Proper construction of the phrase 'believes on reasonable grounds' within s 124B(1) of the Children and Community Services Act 2004 (WA) - Appellant's appeal against conviction to the Supreme Court in its General Division dismissed - Whether the primary appeal judge erred in law in his construction of the requisite 'belief' under s 124B(1) - Whether the primary appeal judge erred in law in reaching his decision by effectively substituting the civil standard of proof for the criminal standard of proof - Whether the primary appeal judge erred in law in deciding that the evidence at the trial established, beyond reasonable doubt, that the appellant actually held the required 'belief' under s 124B(1)
[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.
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AGLC
Webb v Tang [2023] WASCA 119
Case
[2023] WASCA 119
Decision Date
CaseChat Overview and Summary
The appeal was brought by Anthony Paul Webb against his conviction and sentence imposed by the Perth Magistrates Court for failing to report a belief that a child had been the subject of sexual abuse. The appeal to the Supreme Court of Western Australia in its General Division was dismissed by Quinlan CJ. Webb now appeals to the Court of Appeal of Western Australia against that decision. Webb's appeal is based on three grounds, the first two of which relate to the proper construction of the phrase 'believes on reasonable grounds' within s 124B(1) of the Children and Community Services Act 2004 (WA). The third ground alleges that the primary judge erred in concluding that the evidence established, beyond reasonable doubt, that Webb held the requisite belief. The Court of Appeal, by Buss P and Vaughan JA, granted leave to appeal on grounds 1 and 3, refused leave to appeal on ground 2, and dismissed the appeal. The Court found that the primary judge's construction of the statutory phrase was correct and that the evidence was sufficient to support the magistrate's verdict of guilty.