Moncur v Pilgrim

[2012] WASCA 131

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law and Procedure
2. › Appeal against conviction
3. › Plea of guilty
4. › Setting aside plea of guilty
5. › Whether appellant could not in law be guilty of offence charged
6. › Whether breathalyser evidence invalid
7. › Road Traffic Act 1974 (WA), s 64(1)
1. Criminal Law and Procedure
2. › Appeal against conviction
3. › Plea of guilty
4. › Circumstances justifying setting aside guilty plea
5. › Three well-recognised circumstances
6. › Criminal Appeals Act 2004 (WA), s 27(1), s 27(2)
1. Practice and Procedure
2. › Late filing of submissions
3. › Whether respondent should be excluded from participating in appeal
4. › Consequences of non-compliance with practice directions
5. › Discretion to adjourn
1. Criminal Law and Procedure
2. › Evidence
3. › Breath analysis
4. › Validity of breathalyser results
5. › Self-testing equipment
6. › Road Traffic Act 1974 (WA), s 65, s 70(2)(bb)
7. › Road Traffic (Breath Analysis) Regulations 1975 (WA)

Quick Take

The test for setting aside a guilty plea requires the appellant to establish that, upon the admitted facts, he could not in law have been guilty of the offence — it is insufficient to demonstrate merely that he may not have been convicted. Late filing of submissions by one day does not warrant excluding a party from proceedings; the consequences of non-compliance with practice directions are for the court to decide having regard to all the circumstances. The ICCPR has not been incorporated into Australian domestic law and does not confer enforceable rights in domestic proceedings.