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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


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.


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