Rainier v WA

[2013] WASCA 119

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Offences against justice
3. › Attempting to pervert the course of justice
4. › False statements to police
5. › Whether false statements directed at withdrawal of traffic infringement notice on discretionary grounds capable of constituting offence
6. › Whether contemplation of curial processes required
7. › Criminal Code (WA), s 143
1. Criminal Law
2. › Appeal against conviction
3. › Conviction on plea of guilty
4. › Whether miscarriage of justice occurred
5. › Whether appellant could in law have been guilty on admitted facts

Quick Take

False statements to police directed solely at having a traffic infringement notice withdrawn on discretionary administrative grounds — where there is no evidence the accused contemplated curial processes being invoked or intended to establish a false defence to a court prosecution — cannot constitute the offence of attempting to pervert the course of justice under s 143 of the Criminal Code (WA). The detailed reasoning on the elements of the offence and the statutory scheme for traffic infringement notices is set out in the companion decision of Bowden v The State of Western Australia [2013] WASCA 118.