Bromley v Bembridge

[2002] WASCA 192

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Summary jurisdiction
3. › Justices Act 1902 (WA)
4. › Late amendment of charges
5. › Refusal of adjournment
6. › Whether denial of fair trial
7. › Whether erroneous exercise of discretion
1. Criminal Law
2. › Statutory offences
3. › Travel agents
4. › Carrying on business as travel agent without licence
5. › Holding out as carrying on business as travel agent
6. › Whether appellant acting in course of employment
7. › Whether excepted under s 4(2)
8. › Travel Agents Act 1985 (WA), ss 4, 7
1. Criminal Law
2. › Statutory offences
3. › Exceptions and provisos
4. › Onus of proof
5. › Whether exception in s 4(2) places legal onus on defendant
6. › Justices Act 1902 (WA), s 72
1. Summary jurisdiction
2. › Reasons for decision
3. › Whether required
4. › Sufficiency of reasons
5. › Obligation of magistrates to give reasons for sentence

Quick Take

The employment exception in s 4(2) of the Travel Agents Act 1985 (WA) protects an employee of any organisation where the designated travel agent activity is undertaken in the course of employment and incidentally to the employer's business — it is not limited to employees of licensed travel agents. The onus of proving the exception is a legal onus on the defendant (balance of probabilities). A belief that one does not need a licence under the Act is a mistake of law, not fact, and does not engage s 24 of the Criminal Code.