The Court of Appeal confirmed that where an accused is convicted in absence under s 55 of the Criminal Procedure Act 2004 (WA), the magistrate is entitled under s 55(4)(b) to take as proved the allegations in the prosecution notice and under s 55(5)(c) to take as proved the material facts stated by the prosecutor, without independent proof of the underlying direction. The Court also confirmed that an offence of failing to comply with a direction to remove a structure under s 214(7) of the Planning and Development Act 2005 (WA) is a continuing offence, so limitation periods do not run from the date of the original complaint or the erection of the structure. The respondent's post-conviction conduct in enforcing costs orders is irrelevant to an appeal against conviction.
The full text is available to signed-in members.