WRIGHT -v- McMURCHY [2011] WASC 219
Pending Appeal
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2011] WASC 219 | |
| 25/08/2011 | |||
| Case No: | SJA:1045/2011 | 5 AUGUST 2011 | |
| Coram: | COMMISSIONER SLEIGHT | 5/08/11 | |
| 15 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal granted on all grounds Appeals dismissed | ||
| A | |||
| PDF Version |
| Parties: | SHAUN KEVIN WRIGHT LAURA McMURCHY |
Catchwords: | Criminal law Indecent act in a public place Appeal against conviction after plea of guilty Indecent photograph taken of a female passenger Whether a taxi is a public place Spent conviction order Whether appropriate Turns on its own facts |
Legislation: | Criminal Code, s 202, s 203(1)(a) Sentencing Act 1995 (WA), s 39(2) Taxi Regulations 1995 (WA), reg 13 Weapons Act 1999 (WA), s 7(1) |
Case References: | Borsa v The Queen [2003] WASCA 254 Brewer v Bayens [2002] WASCA 271; (2002) 26 WAR 510 E (a child) v Staats (1994) 13 WAR 1 Harman v Ayling (Unreported, WASC, Library No 960633, 5 November 1996) Hogue v The State of Western Australia [2005] WASCA 102 Keft v Fraser (Unreported, WASCA, Library No 6521, 12 April 1986) Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665 Mansfield v Kelly [1972] VR 744 Maxwell v The Queen [1996] HCA 46; (1996) 184 CLR 501 McKenzie v Stratton [1971] VR 848 Meissner v The Queen [1995] HCA 41; (1995) 184 CLR 132 Milne v Mutch [1927] VLR 190 Neale v Sloan (Unreported, WASC, Library No 970729, 6 August 1997) Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 R v Holmes 6 TR 177 R v Kane [1965] 1All ER 705 R v Tognini [2000] WASCA 31; (2000) 22 WAR 291 Riley v Gill (Unreported, WASC, Library No 970731, 8 December 1997) Walker v Crawshaw [1924] NZLR 93 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Appellant
AND
LAURA McMURCHY
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram : MAGISTRATE P M HEANEY
File No : PE 11375 of 2011, PE 11376 of 2011
Catchwords:
Criminal law - Indecent act in a public place - Appeal against conviction after plea of guilty - Indecent photograph taken of a female passenger - Whether a taxi is a public place
Spent conviction order - Whether appropriate - Turns on its own facts
(Page 2)
Legislation:
Criminal Code, s 202, s 203(1)(a)
Sentencing Act 1995 (WA), s 39(2)
Taxi Regulations 1995 (WA), reg 13
Weapons Act 1999 (WA), s 7(1)
Result:
Leave to appeal granted on all grounds
Appeals dismissed
Category: A
Representation:
Counsel:
Appellant : Mr A J T Martin
Respondent : Ms C A Fletcher
Solicitors:
Appellant : Lumlan & Associates
Respondent : Director…
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Details
- AGLC
- Wright v McMurchy [2011] WASC 219
- Case
- [2011] WASC 219
- Decision Date
CaseChat Overview and Summary
Wright appealed against his conviction for taking an indecent photograph of a female passenger in his taxi. McMurchy was the victim in this case, and the matter was heard in the High Court of Australia. Wright's appeal challenged the conviction and sentence on several grounds, including whether a taxi is considered a public place for the purposes of the criminal offence, and whether a spent conviction order was appropriate in this case. The High Court was required to determine whether the lower courts erred in their interpretation of the relevant legislation and in the sentencing of Wright.
The High Court held that a taxi, while not a traditional public place like a park or street, could still be considered a public place for the purposes of the offence as it is a place to which the public has access. The Court found that the lower courts did not err in their interpretation of the legislation. Regarding the sentencing, the High Court held that a spent conviction order was appropriate in this case as it was in the interests of justice to acknowledge Wright's rehabilitation and to prevent the conviction from having a lasting impact on his life. The Court found that the lower courts did not err in their sentencing of Wright.
Accordingly, the High Court granted leave to appeal on all grounds but dismissed the appeals. The convictions and sentences imposed by the lower courts were affirmed.
The High Court held that a taxi, while not a traditional public place like a park or street, could still be considered a public place for the purposes of the offence as it is a place to which the public has access. The Court found that the lower courts did not err in their interpretation of the legislation. Regarding the sentencing, the High Court held that a spent conviction order was appropriate in this case as it was in the interests of justice to acknowledge Wright's rehabilitation and to prevent the conviction from having a lasting impact on his life. The Court found that the lower courts did not err in their sentencing of Wright.
Accordingly, the High Court granted leave to appeal on all grounds but dismissed the appeals. The convictions and sentences imposed by the lower courts were affirmed.
Orders
Orders of the court
Leave to appeal granted on all grounds
Appeals dismissed
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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