Wright v McMurchy

Case [2011] WASC 219


WRIGHT -v- McMURCHY [2011] WASC 219


Pending Appeal


SUPREME COURT OF WESTERN AUSTRALIACitation No:[2011] WASC 219
25/08/2011
Case No:SJA:1045/20115 AUGUST 2011
Coram:COMMISSIONER SLEIGHT5/08/11
15Judgment 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
CITATION : WRIGHT -v- McMURCHY [2011] WASC 219 CORAM : COMMISSIONER SLEIGHT HEARD : 5 AUGUST 2011 DELIVERED : 5 AUGUST 2011 PUBLISHED : 25 AUGUST 2011 FILE NO/S : SJA 1045 of 2011 BETWEEN : SHAUN KEVIN WRIGHT
    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.

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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