SC Slams Akola Cops For Dereliction, Orders Formation of SIT With Hindu and Muslim Officers  ||  Delhi HC Rules Employed Wife Deserves Maintenance Matching Marital Standard of Living  ||  Delhi HC Restrains Unauthorized Use of Abhishek Bachchan’s Name, Image, & Voice  ||  J&K&L HC: Custody Can't Favor Either Parent Solely Based On Gender; Constitution Forbids Bias  ||  Kerala HC Rejects Anticipatory Bail to IT Firm Owner in Sexual Harassment Case Citing Probe Anomalies  ||  SC Criticizes Punjab National Bank for Settling With Borrower Post-Auction of Secured Property  ||  Delhi HC: GST Officials Need Lawyer’s Consent or Presence to Access Their Computer Devices  ||  Kerala HC Paves Way for Global Ayyappa Sangamam, Directs Steps to Uphold Sabarimala's Sanctity  ||  Delhi HC: No Certification for Films That Mock Religions or Incite Hate in a Secular Society  ||  Bombay HC: Missing a Few Hearings Isn't Enough to Dismiss a Case for Non-Prosecution    

Happy Cruising Pty. Ltd. Vs. City of Gosnells - (19 Sep 2022)

Leave to appeal must not be granted, unless the court is satisfied that the ground has a reasonable prospect of succeeding

Criminal

The Appellant lodged an appeal against the decision by a magistrate to convict the Appellant of an offence contrary to Section 218(b) of the Planning and Development Act, 2005 (WA). The conviction was entered in the absence of the Appellant pursuant to Section 55 of the Criminal Procedure Act, 2004. The Appellant applied to have the decision to convict the appellant set aside. The magistrate dismissed that application.

Leave to appeal must not be granted, unless the court is satisfied that the ground has a reasonable prospect of succeeding, meaning that the ground is required to have a rational and logical prospect of succeeding. Unless leave to appeal is granted on at least one ground, the appeal is taken to have been dismissed. Even if a ground of appeal might be decided in favour of the appellant, the court may dismiss the appeal, if it considers that no substantial miscarriage of justice has occurred.

Pursuant to Section 55 of the CPA, a court may, at the first or any subsequent court date, hear and determine a charge of a simple offence against a corporation which has been validly served with a compliant court hearing notice or approved notice, if the corporation fails to appear by a representative appointed under Section152 in answer to the charge and has not entered a written plea pursuant to Section 154.

Where an accused corporation fails to appear on a charge of a simple offence, and has not entered a plea under Section 154, a plea of not guilty must be entered on behalf of the corporation pursuant to Section 153(3)(b). However, there is no requirement that the matter must then be adjourned pursuant to Section 60(5)(c), regardless of whether the corporation has appointed a representative pursuant to Section 152, and the court is entitled to deal with the matter in accordance with Section 55(2)(b) of the CPA. Appeal dismissed.

Tags : CHARGE   SIMPLE OFFENCE   CONVICTION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved