JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: WHITTLE -v- BROWN [2011] WASC 143
CORAM: JENKINS J
HEARD: 11 APRIL 2011
DELIVERED : 22 JUNE 2011
FILE NO/S: SJA 1120 of 2010
BETWEEN: VALERIE JEAN WHITTLE
Appellant
AND
SEAN LINSTEAD BROWN
First RespondentBRADLEY WAYNE GARDINER
Second Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE B A LANE
File No :JO 3841 of 2009, JO 9246 of 2009, JO 9247 of 2009
Catchwords:
Criminal law - Appeal - Receiving - Unlawful possession of property - Possession of counterfeit currency - Sufficiency of evidence - Onus of proof - Failure to consider and make findings on statutory defences - Substantial miscarriage of justice
Legislation:
Crimes (Currency) Act 1981 (Cth), s 9
Criminal Appeals Act 2004 (WA), s 14(2)
Criminal Code (WA), s 414, s 428
Magistrates Court Act 2004 (WA), s 31
Result:
Appeal against conviction for unlawful possession of things suspected of being stolen or unlawfully obtained (JO 9246 of 2009) allowed
Appeal otherwise dismissed
Category: B
Representation:
Counsel:
Appellant: Ms K J Farley
First Respondent : Ms F A Cain
Second Respondent : Ms F A Cain
Solicitors:
Appellant: Legal Aid (WA)
First Respondent : Director of Public Prosecutions (WA)
Second Respondent : Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Bruce v The Queen [1987] HCA 40; (1987) 74 ALR 219
Hoskins v Ramsden [2008] WASC 28
Khalil v The Queen (1987) 44 SASR 23
Laurens v Willers [2002] WASCA 183
Marzano v Procopis [2009] WASC 332
Maslin v Searle [2010] WASC 146
JENKINS J: On 25 October 2010 the appellant was convicted, after trial, of possessing property reasonably suspected to be stolen or unlawfully obtained, receiving stolen property and possessing counterfeit money. She appeals against each conviction.
Ground of appeal
On 10 January 2010 the appellant was granted leave to appeal in respect of the one ground of appeal which relates to each charge. It is that the magistrate erred at law in, effectively, reversing the onus of proof in relation to each charge.
The charges
Prosecution notice JO 3841 of 2009 alleged that on 4 December 2008 at Craigie the appellant
had in her possession counterfeit money, namely Australian $50 note, knowing it to be counterfeit money.
Prosecution notice JO 9246 of 2009 alleged that on 29 April 2009 at Craigie the appellant
was in possession of 2 Acer laptop computers, a Toshiba laptop computer and a HP Pavilion laptop computer that were reasonably suspected to be stolen or unlawfully obtained.
The appellant was found not guilty of the charge so far as it related to one of the Acer laptop computers, but was found guilty of the charge in respect of the other laptop computers.
Prosecution notice JO 9247 of 2009 alleged that on the same date and at the same place the appellant
received a Toshiba laptop computer,…
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- AGLC
- Whittle v Brown [2011] WASC 143
- Case
- [2011] WASC 143
- Decision Date
CaseChat Overview and Summary
The court examined the sufficiency of the evidence presented against the applicant. It was established that the applicant had been in possession of counterfeit currency, but the question was whether there was sufficient evidence to prove that the applicant knew the currency was counterfeit and had the intent to use it. The court also assessed whether the trial judge had failed to consider the statutory defences available to the applicant, which could have potentially led to an acquittal. The court considered whether the failure to properly evaluate these defences constituted a substantial miscarriage of justice.
The court found that the evidence was indeed sufficient to support the conviction, as it demonstrated that the applicant had knowledge of the counterfeit nature of the currency and intended to use it. However, the court also determined that the trial judge had not adequately considered the statutory defences available to the applicant, which could have provided a basis for an acquittal. This failure was deemed to be a substantial miscarriage of justice, leading to the quashing of the conviction and the ordering of a retrial.
The court ordered that the conviction be quashed and a retrial be held. The retrial was to ensure that the statutory defences were properly considered and that the applicant had a fair opportunity to present these defences. This decision underscored the importance of ensuring that all available defences are properly evaluated in criminal proceedings to uphold the principles of justice.
Orders
Orders of the court
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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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