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WILLIAMS-JONES v Miller

WILLIAMS-JONES v Miller

Case [2017] WASC 276 29 September 2017

Appeal

Aggravated & Exemplary Damages

Self-Defence

Criminal Law

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JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL

CITATION: WILLIAMS-JONES -v- MILLER [2017] WASC 276

CORAM: SMITH AJ

HEARD: 7 SEPTEMBER 2017

DELIVERED : 29 SEPTEMBER 2017

FILE NO/S: SJA 1029 of 2017

BETWEEN: JUSTIN WILLIAMS-JONES
Appellant
AND
THOMAS JAMES MILLER
Respondent

ON APPEAL FROM:
Jurisdiction              :  MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram  :MAGISTRATE T R HALL
File No  :PE 61465 of 2015

Catchwords:

Criminal law - Appeal against acquittal - Aggravated assault public officer - Whether magistrate erred in finding self defence combined with a honest and reasonable mistaken open as a defence - Construction of s 248(5) Criminal Code (WA) when read with s 24 Criminal Code considered

Legislation:

Criminal Code (WA), s 23, s 23A, s 23B, s 24, s 25, s 36, s 248, s 249, s 250, s 318(1)(d), s 318(4)(b)
Criminal Law (Homicide) Act 2008 (WA), s 5, s 8
Interpretation Act 1984 (WA), s 18, s 19(1)(a)

Result:

Appeal dismissed

Category: A

Representation:

Counsel:

Appellant: Mr R G Wilson
Respondent: Ms N R Sinton

Solicitors:

Appellant: Director of Public Prosecutions (WA)
Respondent: Legal Aid (WA)

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

House v The King [1936] HCA 40
Gronow v Gronow [1979] HCA 63
Aubertin v The State of Western Australia [2006] WASCA 229; (2006) 33 WAR 87
Binetti v Feasey [2015] WASC 93
Director General of Department of Transport v McKenzie [2016] WASCA 147
Egitmen v The State of Western Australia [2016] WASCA 214
Geraldton Fisherman's Co‑operative Ltd v Munro [1963] WAR 129
Goodwyn v The State of Western Australia [2013] WASCA 141
Kerber v Towler [2014] WASC 419
Lean v The Queen (1989) 1 WAR 348
Mahmood v The State of Western Australia [2009] WASCA 220
Marwey v The Queen (1977) 138 CLR 630
Rodrigues v Ainsworth [2014] WASC 101
Steel v The State of Western Australia [2010] WASCA 118
The State of Western Australia v R [2007] WASCA 42; (2007) 33 WAR 483

SMITH AJ:

Background

On 27 March 2017, the respondent, Thomas James Miller, was acquitted by Magistrate Hall of a charge of aggravated assault of a public officer. It was alleged pursuant to s 318(1)(d) and s 318(4)(b) of the Criminal Code (WA), Mr Miller assaulted Jason Bruce Fraser, a police officer, who suffered bodily harm being a cut above his eye requiring three stitches, when performing a function of his office.
At the trial, the prosecution called two witnesses, Constable Fraser and Probationary Constable Thomas Blackshaw. Mr Miller elected not to give evidence, as was his right. CCTV footage of the incident was tendered, and a police video record of interview, together with transcript of admissions made by Mr Miller, were also tendered into evidence.
Constable Fraser was injured by Mr Miller who punched Constable Fraser in the face late in the evening on 11 December 2015, at the Perth Bus Station in Roe Street, Perth, after Constable Fraser and Constable Blackshaw intervened to stop several young males and females from fighting.…

Grounds of appeal

[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.

Continue reading WILLIAMS-JONES v Miller

Details

AGLC: WILLIAMS-JONES v Miller [2017] WASC 276
Case: [2017] WASC 276
Decision Date: 29 SEPTEMBER 2017

CaseChat Overview and Summary

Williams-Jones was charged with aggravated assault of a public officer, an offence contrary to section 248(5) of the Criminal Code (WA). The appellant appealed against his acquittal by the Magistrates Court, arguing that the magistrate erred in finding that the defence of self-defence combined with an honest and reasonable mistake was available to him. The Court of Appeal was required to determine whether the magistrate erred in his legal approach and whether the findings of fact were open on the evidence. The Court of Appeal found that the magistrate did not err in his approach to the law and that his findings of fact were open on the evidence. The Court of Appeal held that the appellant's actions were not excessive in the circumstances and that the magistrate was correct to find that the appellant had acted in self-defence and that his belief in the need to do so was honest and reasonable. The appeal was dismissed. The Court of Appeal found no error in the magistrate's approach to the law and that his findings of fact were open on the evidence. The Court of Appeal held that the appellant's actions were not excessive in the circumstances and that the magistrate was correct to find that the appellant had acted in self-defence and that his belief in the need to do so was honest and reasonable. The appeal was dismissed.

Orders