Criminal Law: Case Note

Criminal Law: Case Note
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Table of Contents
Introduction................................................................................................................................3
Arguments..................................................................................................................................3
Conclusion..................................................................................................................................5
References..................................................................................................................................6
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Introduction
Existing case law of Parish v Police [2018] SASC 18 is relating to Mr Troy who was in a
relationship with Ms Marinke Wiggins. In this case, the claim was made by Ms Wiggins (the
claimant) regarding a series of assaults conducted by Mr. Parish (appellant) against her. The
main argument of the case was whether conviction made by appellant that whether the
Magistrate reason were appropriate or not. Further, assertion was also made regarding the
accessibility of assessing evidence. Appeal relating to case was filed after seven months of
the decision which was required to be filed twenty one days from the original decision.
Though, the delay was accepted on grounds that appellant was not aware of requirement of
lodging appeal within twenty one days. Thus, case was reassessed through application of
provisions of section 42 of Magistrate Court Act 1991 through rehearing and final judgment
was made in accordance with same.
Arguments
In case of Parish v Police [2018], Complainant has provided evidence relating to the
appellant that he had punched her from behind and pushed her towards the floor, pushed her
head towards the wall and bit her on the cheek (PARISH v POLICE [2018] SASC 18 (27
February 2018), 2018). These conduct of assault caused harm to her thus alleged by the
prosecution. The primary argument in the case was relating to the extension of time in filing
an appeal. In accordance with the provision of the Magistrate Court Act 1991, the appellant is
required to lodge the appeal within twenty-eight days from the delivery of the sentence. The
appellant is required to complete formalities relating to appeal along with the written case in
support of the application (OLSSON’S, and OLSSON, 2018). Though, the appellant failed to
lodge an appeal within time as he was unaware of the provision relating to filing of appeal.
The respondent specified that delay between the decisions of Magistrate and commenced the
appeal at the time of appeal being heard. However, appellant was not able to provide
justification relating to delay in lodging appeal. The acceptance relating to lodging of appeal
was provided as in the absence of the same appellant would suffer prejudice in case extension
of time was not provided (Daly and Sarre, 2016).
The Court of Criminal Appeal can be referred to as the State’s highest court regarding
criminal matters. Ozin and Norton (2019) asserted that a person who has been convicted by
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