Webb v Tang

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.